The Federal Court here today ruled that the housing controller has no power to grant an extension of time to developers to complete their property development projects.
Justice Tengku Maimun said the modification and granting of EOT to the developer does not appear to protect or safeguard the purchasers but rather the developer and that militated the intention of Parliament. Justice Tengku Maimun said the argument by counsel for the developer that the Minister has delegated his power to the controller to make a decision on extension of time cannot be sustained.
The other judges were Chief Judge of Malaya Tan Sri Azahar Mohamed as well as Federal Court judges Tan Sri Idrus Harun and Datuk Nallini Pathmanathan. Another judge, Datuk Alizatul Khair Osman Khairuddin, who heard the appeal in May, this year has retired. In their application for judicial review, they sought an order to quash the decision allowing BHL Construction an extension of time for delivery of vacant possession from 36 months to 48 months.
This may induce more housing projects being abandoned by developers if they can't make it, highly potential!
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