Berjaya Hills loses appeal on Pahang quit rent

Court of Appeal rejects Berjaya Hills Resort's appeals, upholding Pahang's right to revise quit rent without National Land Council approval.

Berjaya Hills loses appeal on Pahang quit rent

Image: malaymail.com

KUALA LUMPUR, July 29 — The Court of Appeal has rejected five appeals by Berjaya Hills Resort Bhd and several landowners, upholding the Pahang state government’s right to revise quit rent rates without needing the National Land Council to approve the changes. The decision, delivered on July 29, 2026, affirms a previous High Court ruling from 2024.

The dispute centered on retroactive quit rent charges imposed by the Pahang state government on land parcels in the Berjaya Hills area, including the Berjaya Hills Resort. The appellants argued that the state government lacked the authority to impose such charges without prior approval from the National Land Council, as required under the National Land Code. However, the Court of Appeal ruled that the state government acted within its powers under the Pahang Land Rules.

Justice Datuk Seri Mohd Zawawi Salleh, leading a three-judge panel, stated that the state government's revision of quit rent rates was valid and did not require National Land Council approval because the rates were set under state legislation. The court also dismissed arguments that the charges were retrospective and therefore unlawful, noting that the state had followed proper procedures.

Berjaya Hills Resort Bhd, a subsidiary of Berjaya Corporation Bhd, operates a resort and golf course in the area. The landowners affected include individual plot owners in the resort's vicinity. The exact amount of the quit rent arrears was not disclosed in court documents, but the case has implications for other landowners in Pahang facing similar charges.

Lawyers for the appellants indicated they are considering an appeal to the Federal Court. The Pahang state government welcomed the decision, stating it would help regularize land revenue collection. The case highlights ongoing tensions between state and federal land administration in Malaysia.

❓ Frequently Asked Questions

What was the Court of Appeal's decision?

The Court of Appeal rejected five appeals by Berjaya Hills Resort Bhd and landowners, upholding the Pahang state government's right to revise quit rent rates without National Land Council approval.

Why did the landowners appeal?

The landowners argued that the Pahang state government lacked authority to impose retroactive quit rent charges without prior approval from the National Land Council.

What happens next in this case?

Lawyers for the appellants are considering an appeal to the Federal Court, while the Pahang state government welcomed the decision.

📰 Source:
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