Arief Aiman Bin Hamir Hamzah

On the court record

Arief Aiman Bin Hamir Hamzah appears in the reported corpus as counsel in land and administrative litigation, frequently as respondent's counsel, at the High Court. A recurring theme is the exercise of statutory discretion by land authorities. In one matter concerning the conversion of land use under sections 124 and 418 of the National Land Code, the Land Administrator's refusal was challenged for irrationality and a failure to give reasons, said to be inconsistent with the alienation purpose and zoning, where the land was submerged so that compliance was impossible. In another, land had been alienated to a party subject to express conditions, and the Land Administrator had issued statutory Form 7A and 7B notices to remedy an alleged breach of condition, which the party appealed to set aside.

His land-acquisition work is also present. He was engaged in a matter on whether the amount of compensation awarded was appealable where no issue of law was raised and whether the market value fixed by the authority was reasonable, and in a matter argued on a judgment in Bahasa Malaysia on sama ada tarikh pengambilan tanah adalah pada masa tanah berkenaan diwartakan di bawah seksyen 4 atau seksyen 8 Akta Pengambilan Tanah 1960 (whether the date of acquisition is when the land is gazetted under section 4 or section 8 of the Land Acquisition Act 1960), which fixes the valuation date. His reported matters also include a negligence claim argued in Bahasa Malaysia over a road accident, where the plaintiff alleged that a lopak air (pool of water) or a large pothole on the road surface had caused a loss of control of the vehicle. Across these reported decisions his work centres on land, statutory-authority discretion and acquisition compensation, marking Arief Aiman Bin Hamir Hamzah as counsel in land and administrative litigation.