KUALA LUMPUR (Nov 25): The High Court has ordered a full trial for the legal action by Synergy Promenade Sdn Bhd and its subsidiary to set aside the re-transfer of land related to the Kuala Lumpur Vertical City (KLVC) project to the Federal Land Develohpment Authority (Felda).

Justice Mohd Nazlan Mohd Ghazali had on Wednesday (Nov 24) ordered for the matter to be determined through a full trial, saying the issues invoved could not be determined by way of affidavit evidence.

He also ordered Synergy Promenade and the subsidiary, Synergy Promenade KLVC Sdn Bhd, to pay RM2,000 in costs to Felda.

The two firms are seeking to set aside the re-transfer of two parcels of land related to KLVC along Jalan Semarak to Felda on the grounds that the re-transfer was void for insufficient instrument under the National Land Code 1956.

Felda, however, contends that the developer agreement the two parties entered into was void as the requisite Minister’s approval was not obtained, accusing the two parties of fraud and conspiracy to defraud Felda of the land, particularly as there was no payment made by the plaintiffs to the defendant.

Justice Mohd Nazlan added that this also put into question the validity of the power of attorney — Synergy Promenade was granted via the developer agreement — and the two sales and purchase agreements Synergy Promenade used to obtain the two parcels of land.

Through the suit, Synergy Promenade and its subsidiary are seeking declarations that they are the valid registered owners of the two parcels of land.

The Federal Territory Land and Mines Office is also named as a defendant in the suit.

The new writ action to be filed by Synergy Promenade and Synergy Promenade KLVC, will be heard together with Felda and Felda Investment Corporation Sdn Bhd’s (FIC) ongoing RM2 billion main suit against 21 defendants, including Synergy Promenade, Synergy Promenade KLVC, and FIC’s former board of directors and two former chairmen (Tan Sri Mohd Isa Samad and Tan Sri Shahrir Samad).

Justice Mohd Nazlan is also slated to hear the Felda and FIC main suit. This was confirmed by Felda’s counsel Kumar Kanagasingam when contacted by The Edge. Appearing with Kumar of Messrs Lee Hishammuddin Allen and Gledhill are Mong Chung Seng, Wong Han Wey and Medha Ong.

Synergy Promenade and Synergy Promenade KLVC are represented by RK Sharma, Amrit Pal Singh and Raveena Kaur of Messrs Vicknaraj, RD Ratnam Rajesh Kumar & Associates.

On Tuesday, Justice Datuk Azimah Omar struck out the suit filed by Synergy Promenade against Felda and FIC to get vacant possession of 24 parcels of land that Felda owned along Jalan Semarak, as she ruled it was illegal and unenforceable pursuant to Section 3 of the Land Development Act 1956 (LDA) for it to become KLVC.

Synergy Promenade was appointed as the master developer of the KLVC project under Isa's time when Datuk Seri Najib Razak was Prime Minister, pursuant to a development agreement with Felda. Via the development agreement, Synergy Promenade was also granted a power of attorney for the purposes of the project, which the company used to enter two sale and purchase agreements for the two parcels of land.

In 2018, following the execution of a Memorandum of Understanding between Felda, Synergy Promenade and Synergy Promenade KLVC, the two parcels of land were retransferred back to the agency.

Synergy Promenade and its subsidiary subsequently filed a suit against the Felda and the Federal Territory Land and Mines Office for a declaration that they are the registered owners of the two parcels of land.