[Malaysia Today] Something Built at Other's Expense

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Something Built at Other's Expense
The Guilty Party


No one knows why are they closed. For the benefit of doubt, one would like to believe that they really closed for renovation works.

Petronas Station Picture 1 Petronas Station Picture 2 Petronas Station Picture 3 Petronas Station Picture 4 Petronas Station Picture 5 Petronas Station Picture 6 Petronas Station Picture 7 Petronas Station Map
Click on the image for a larger picture.


Writer's Comments

Many well-known singers around the world had cut CDs, Albums and Video Clips under the emblem ‘Unplugged’. Petronas Dagangan had for the past 23 years managed to put on hold their uncut CD with regards to their Petrol Station in Sungai Buloh. This, then, is the unplugged version of the Petronas Dagangan Petrol Station in Sungai Buloh.

HISTORY

Lot No. 4087 in the Mukim of Sungai Buloh belongs to the late Abu Bakar bin Abib Khan having died on the 21st day of December 1988.

One Azemin bin Zakaria (NRIC No: 550213-03-5351) befriended the late Abu Bakar bin Abib Khan and managed to obtain a Power of Attorney over the abovesaid land from the former. The Power of Attorney was dated at 30th day of January 1984 and registered in the High Court of Kuala Lumpur on the 20th day of February 1984 vide Registration No: 2064/84.

The Power of Attorney authorizes Azemin bin Zakaria amongst other things, to lease the abovesaid land and for that purpose (emphasis) to execute all documents relating thereto. However, the Power of Attorney is tainted with flaws that:-
  1. The late Abu Bakar bin Abib Khan affixed his thumb prints (not signature) giving rise to the issue of illiteracy. The contents are in the English version.
  2. The Solicitor witnessing the thumb print had not inserted a translation clause.
  3. The Power of Attorney is not irrevocable.
Azemin bin Zakaria, then at the age of 29 years old, gave a lease over the abovesaid land for 30 years to Petronas Dagangan Sdn Bhd (now known as Petronas Dagangan Bhd) commencing from the 1st day of July 1984 and expiring on the 30th day of June 2014.

The above dates are crucial, because, as the Attorney for the late Abu Bakar bin Abib Khan; with or without his consent is anyone's guess; the lease was backdated to 1st day of July 1984 when in fact, the Attorney executed the lease document on the 22nd day of December 1984.

To add insult to injury or vise versa, the lease document, apart from the above flaws, carries eye-catching mistakes, as follows:-
  1. The creator of the lease was named as Abu Bakar bin Abib Khan BUT executed by Azemin bin Zakaria as the P.A. Holder.
  2. Azemin bin Zakaria signature was witnessed by one Khamshah bin Mohamad who was Penolong Pemungut Hasil Tanah in Wilayah Persekutuan whereas the land office for this particular land is in Selangor. In all probabilities, the witness should be the Land Administrator of Selangor Land Office.
  3. Azemin bin Zakaria had accidentally signed at the place where his witness was to sign, but his signature was cancelled and endorsed by the abovenamed witness as a mistake.
  4. The year 2014 was also amended.
The question to the above glaring mistakes, would be! Should the Land Office accept such incompetent documents for registration? Would the Land Office accept such documents for registration, now and then? It was accepted as proper documents then, maybe on a piece-meal basis, i.e. an exception to the rule. The exception being, this involves Petronas Dagangan, hence, not only close one eye, but both eyes, ears and mouth.

BEFORE EVENTS OF THE LEASE

The lease of the land in favour of Petronas Dagangan was registered with Selangor Land Office on the 9th day of February 1985, i.e. about 1 ½ months after the execution, i.e. 22nd December 1984, by both parties. Why such a long time to register the lease? The answer lies on the fact that the lease together with the Power of Attorney was registered with Selangor ONLY on the 9th day of February 1985 eventhough the lease was executed on the 22nd day of December 1984. This conclusion is arrived at after having read the National Land Code 1965 under Section 304 which provides that presentation is as good as registration.

Any sane thinking Writer would venture into the after events of the creation of the lease. But this Writer, having noticed the many flaws, would endeavour to venture into the events that took place before the registration of the lease AND ALAS what transpired is even more damaging the niceties normally entrenched upon a company of impeccable repute and distinction.

Hence, the past, before registration of the lease!

Obviously the secretive Azemin bin Zakaria had ulterior motives when obtaining the Power of Attorney from the gullible late Abu Bakar bin Abib Khan.

Azemin bin Zakaria had negotiated with Petronas Dagangan to not only create a lease over the abovesaid land in favour of Petronas BUT ALSO allow Petronas Dagangan to construct a Petrol Station on the land. This is in direct contravention of the Powers granted to him.

Not only the permission to construct a station on the land but Azemin bin Zakaria ensured himself be appointed as a Petrol Station Dealer for Petronas Dagangan in Sungai Buloh. Petronas Dagangan colluded with Azemin bin Zakaria by appointing him personally, and not as agent, as the Petrol Station Dealer of Petronas Dagangan in Sungai Buloh. Azemin bin Zakaria benefited at the peril of the late Abu Bakar bin Abib Khan.

A letter appointing Azemin bin Zakaria as the Dealer was issued by Petronas Dagangan dated the 14th day of December 1984, well before the registration of the lease. The content of the letter is most significant.
  1. Petronas Dagangan will construct the Petrol Station at their cost and expenses.
  2. Azemin bin Zakaria shall solely manage the Petrol Station.
  3. Azemin bin Zakaria’s appointment as Dealer is based on the fact that he has “authority over the land and shall continue to have such authority”.
  4. Azemin bin Zakaria shall be responsible for the conversion of the land (emphasis).
  5. Petronas Dagangan shall pay all outgoings for the land.
  6. Azemin bin Zakaria shall pay 10% of his gross profit to Petronas Dagangan.
  7. Azemin bin Zakaria will receive prior calculated commission for all petroleum products sold.
  8. Azemin bin Zakaria shall provide RM50,000.00 Bank Guarantee.
  9. The capital required is RM80,000.00 and that the capital returns is estimated at the 61.8%.
  10. That Azemin bin Zakaria shall not be a bankrupt (emphasis).
The above clearly indicates and implies that Azemin bin Zakaria shall be the sole beneficiary of all earnings on and from the land and at the total disregard for the welfare of the landowner, i.e. Abu Bakar bin Abib Khan and his family.

AFTER EVENTS OF THE LEASE

The late Abu Bakar bin Abib Khan died on the 21st of December 1988 leaving his wife and 11 children to fend for themselves. The land was the only property left behind by the late Abu Bakar bin Abib Khan.

Letters of Administration for the estate of the late Abu Bakar bin Abib Khan was applied for by the wife and eldest son of the deceased. Letters of Administration was granted on the 9th day of January, 1991 and the Grant extracted on the 21st day of December, 1991, whereupon the Administration obtained locus standi to bring any actions or suits.

The Administrators in 1992 engaged Solicitors to commence civil proceedings against Petronas Dagangan but had to withdraw the suit as the financial impact on them was unbearable. The withdrawal of the suit is not without liberty to file afresh.

Sometime in the month of July 2007, the Administrators commenced a fresh suit against Petronas Dagangan in the High Court of Shah Alam vide Suit No: MT1-22-1187-2007.

Perusing the claims per se and the Statement of Defence, thus far filed, the following elements are most profound. There are:-
  1. That the lease be declared null and void.
  2. That the Petrol Station erected on the land is illegal.
  3. That Petronas Dagangan has since benefited from an illegal structure.
  4. That the Administrators claim for damages.
This Writer shall attempt to show the ingredients which make the elements and hope that remedial action he taken, not only from Petronas Dagangan themselves but also higher authorities, whomsoever it may be. The Writer is of the firm opinion that this episode is even worse than the Datuk Zakaria bin Mat Deros saga, since it not only involves Government Agencies but also major shareholder of Petronas Dagangan, i.e. the Government of Malaysia.

  1. Lease null and void


    2. Readers can analyse for themselves whether the lease is valid or not from the historical forum thus far appended and from the hereafter revelation of uncanny facts and figures.

  2. The Petrol Station erected on the land is illegal


    3. Flashback of the Datuk Zakaria bin Mat Deros saga is not only apparent but once could say, identical.

    The Petrol Station belonging to Petronas Dagangan erected on the abovesaid land is on land categorised as “Pertanian” or “Agriculture”.

    How did this happen?

    Before answering this question, one should determine as to what may be constructed on agricultural land under the National Land Code. They are:-

    1. A dwelling house for the proprietor
      2. or
    2. A building for agricultural purpose
      3. or
    3. any building as approved by the State Authority â€" not applicable since no approval given.

    The Petrol Station has nothing to do with agricultural purpose nor is it constructed for the benefit of the proprietor. The ownership of the Petrol Station is still with Petronas Dagangan.

    Now, to answer the above question.

    The late Abu Bakar bin Abib Khan may have granted a Power of Attorney to the said Azemin bin Zakaria and that one of the Power granted was for the latter to create a lease.

    The land was and still is categorised as “Agriculture”. Even if the Power of Attorney was valid and given with full knowledge and consent, the power to grant a lease should be confined to agricultural purpose and not for the construction of a Petrol Station.

    Azemin bin Zakaria was aware of what he was doing at that time because he was negotiating with Petronas Dagangan to lease the land and allow them to construct the Petrol Station. He had colluded with Petronas Dagangan on this conduct and ensured that he benefited from the transaction which he did by being made as the Dealer.

    All this information was kept away from the late Abu Bakar bin Abib Khan.

    Any reader of this revelation would ask the question as to how the Writer can come to this conclusion that information was kept away from the deceased, since the deceased died in 1988 and there is no way of confirming this conclusion.

    The Writer’s answer is quite simple! Please refer to item 12 of the Statement of Defence of Petronas Dagangan which states:-


      “Referring to paragraphs 13 of the Statement of Claim, the Defendant denies that no application was made to the relevant authority to convert the use of the said Land and puts the Plaintiffs to strict proof. The Defendant states that prior to the operation of the Petrol Station, the Donee, i.e. Azemin had made an application to Petaling Land Office to convert the use of the said Land, from agricultural to building (Petrol Station).”


    Perhaps, the Writer should explain to readers that it is ONLY the owner of the land who can apply for conversion and NOT the Donee (Azemin bin Zakaria), unless such authority is given to him. Section 157A of the National Land Code is self-explanatory.

    The revelation by the Petronas Dagangan themselves that Azemin bin Zakaria had applied for the conversion is sufficient proof that he hid information. Otherwise why should he apply when the owner is at his doorstep?

    Note of importance: The application was obviously rejected by the relevant Land Office.

    Now, under this category of illegality of the Petrol Station, the collateral question from the revelation of the Statement of Defence of Petronas Dagangan is:-

    Since an application was made by Azemin bin Zakaria to the Petaling Land Office to convert the said land from agricultural to building (Petrol Station) and obviously, since approval was not given by the Petaling Land Office for the conversion, what action did the Petaling Land Office take or initiate to penalize Petronas Dagangan?

    Always remember that the Statement of Denfence states that prior to the operation of the Petrol Station, the application was made.

    A literal interpretation of the above statement would mean that the application was only made prior to the operation of the Petrol Station AND NOT before construction of the Petrol Station.

    Since no approval was given, what has the Land office done when the reputable company has breached the Land Laws? They not only closed their eyes, but also ears and mouths and allowed the breach to continue for the last 23 years and are still continuing.

    The above is on issue of conversion. Now the Writer ventures into another Government Authority, namely the Local Council.

    Can the Shah Alam Local Council approves plans for the construction of the Petrol Station when,

    1. The land is not converted
      2. and
    2. Can an Attorney not having specific power from the Donor apply for plans to be approved?
      3. and
    3. Who applied for plans to be approved?

    The Writer is at a complete loss as to how the Land Office can allow a Petrol Station belonging to Petronas Dagangan carry on business on land which is categorised as agriculture. If in the event, the plans are approved, under what Laws of Malaysia were they approved.

    Collateral to their conduct is the conduct of all other Government Agencies, such as, the Fire Department, the Water Department, the Electricity Department and all others who had approved any and all installations on and in the Petrol Station.

    Have they all closed their eyes, ears and mouths because of Petronas Dagangan. This is not only collusion of the highest degree but they are aiders and abettors of criminal conduct. No action taken to tear down the station, obviously because it involves Petronas Dagangan. But if others, truck loads of personnel are there to vent their anger to uphold the Law.

  3. Petronas Dagangan benefiting from illegal structure


    4. The Letter of Offer given by Petronas Dagangan to Azemin bin Zakaria dated 14th December 1984 provided that Petronas Dagangan is entitled to 10% of the gross profits. Surely one cannot enjoy such benefits from an illegal structure constructed on another’s land. All profits earned should rightfully go to the owner of the land.

    If it is the norm that the Petronas Dagangan can keep such profits, then I can occupy someone’s land, construct a building and earn and keep for my sole benefit all profits. The whole population of Malaysia can follow suit if this is allowed. As Minister Datuk Seri Nazri Aziz says, the Law is the Law and it is applicable to all persons irrespective by colour, status or religion. Apply the Law uniformly and let not anyone breach the Law.

    The family of the late Abu Bakar bin Abib Khan claims what is rightfully theirs and credit should be given to them for boldly upholding the law. They are not disturbed by the status of Petronas Dagangan nor their influence over the Government or Government Agencies. What is rightfully their is their only claim, apart from putting right what is wrong.

    They are not disturbed by the arrogance of Petronas Dagangan when in Paragraph 18 of their Statement of Defence, they state:-


      “Referring to Paragraph 19 of the Statement of Claim, the Defendant admits receiving the Letter of Demand from Solicitors and further states that they are not obliged to comply with the said letter as the lease is proper and valid.”


    The family is also not disturbed by the fact that Petronas Dagangan is paying a meager sum of RM 14.00 per year as Quit Rent for a Petrol Station, when they are paying much more for their kampung house. They are not disturbed but prefer justice to be not only done but seen to be done and not sweep under the carpets all blatant breach because the party involved is Petronas Dagangan.

    The Writer is not of habit of trying a suit through the media. This Writer highlights this matter since the family of the late Abu Bakar bin Abib Khan has endured this injustice for the last 23 years. Perhaps it’s a blessing in disguise that Petronas Dagangan chooses to cease operation of the station themselves, otherwise, matters would be even more drastic.
CONCLUSION

There is much more to write on this sad matter. Petronas Dagangan should admit their drawbacks committed by their former employees and management and put to right the wrongs committed.

Always remember you are a Government owned company and you should set the right example and not ride the tide of hiding behind the veil of deception and non-conformity. As for the agencies thus far named, pull up your socks and not hide behind the memorandum from those in authority to assist and favour Petronas Dagangan in whatsoever they may want done with their Petrol Stations.

I fret to think how many other Petronas Dagangan Petrol Stations face the same predicament as land of the late Abu Bakar bin Abib Khan. Could this be the only 1, out of the rest of 860?


Downloads


The Mother of All Forgeries a.k.a. Power of Attorney The mother of all forgeries, a.k.a. Power of Attorney
Borang 15A Pajakan Tanah Borang 15A Pajakan Tanah
Surat Perlantikan sebagai Wakil Penjual Surat Perlantikan sebagai Wakil Penjual
Penyata Tuntutan oleh Pihak Plaintif Penyata Tuntutan oleh Pihak Plaintif
Penyata Pembelaan oleh Pihak Defendan Penyata Pembelaan oleh Pihak Defendan
Sijil Carian Rasmi Tanah Sijil Carian Rasmi Tanah
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