Development On Railway Reserve Land: A Preliminary Study

• Main Authors: Abdul Jalil, Najah Inani, Md Dahlan, Nuarrual Hilal, Mohd Arshad, Ain Husna
• Format: Conference or Workshop Item
• Language: English
• Published: 2018
• Subjects: KZ Law of Nations
• Online Access: http://repo.uum.edu.my/25386/1/UUM%20ILC%202017%20291%20301.pdf; http://repo.uum.edu.my/25386/; http://doi.org/10.15405/epsbs.2018.12.03.28
• Institution: Universiti Utara Malaysia

The improvement of railway services in Malaysia demand clarification on the use of railway land as to ensure the greater compliance with law and maximum utilization of land. This paper will focus on the land reserved for railway purposes which is governed under the Federal Constitution 1957 and its utilization in the case of development in the land. It needs to be highlighted as to differentiate its application with other reserved land contained in National Land Code (Act 56 of 1965). As to provide clarification, this paper aims to look into the authorities who have the power to deal with railway reserve lands and its limitation as to the use of the land, and the power of the State Authority in controlling this reserve lands. The problem would arise if the use of railway reserved land contravenes the purpose for which it was reserved and the power of the State Authority in approving any development in railway reserved land. Based on laws and practices, it is very important to have specific guidelines to regulate the application of railway reserved land and its relationship with the power of state authority to ensure the purpose of the reservation is ultimately complied with.