"Unraveling the Mystery of Land Ownership and Authority in the Vistana Heights Dispute: A Case of Contradictory Claims"

"The important thing is not to stop questioning; curiosity has its own reason for existing. One cannot help but be in awe when contemplating the mysteries of eternity, of life, of the marvelous structure of reality. It is enough if one tries merely to comprehend a little of the mystery every day. The important thing is not to stop questioning; never lose a holy curiosity." (Einstein)

Here is a question that may never be answered. What other question may I ask on this matter?

Who is the authority mentioned by Sr. Dzulkarnain, a director of LJS?

The spot level survey was done in June 2023 in the presence of 8 of the Land and Survey directors. I was promised a copy as soon as it was plotted. Here is a LINK complete with photos. 

After several requests I was told on 15 January 2025 that LJS was waiting for the authority to verify. They had to wait for the authority to verify before handing me a spot level survey done? After two years, the authority has yet to verify?

That was suspicious. Who is the authority? Who would know better than LJS directors if a spot level survey is accurate or otherwise?

When I asked DBKK on 5.5.2025, the director general of DBKK told me that it was not DBKK who is the authority.

On 18.8.2025 I received an email where a letter from the chairman of LJS was attached. The letter said that if I am not satisfied with the decision of the board I can appeal to the court. The decision of the board stated that DBKK was the authority.

Someone has to be misinformed. Do I have to go to court to find out who was/is misinformed?

Questions:

i.                    Why didn’t Dzulkarnain say that the authority was DBKK if it indeed was DBKK? Why not say that LJS was waiting for DBKK?

ii.                  Why would the director of DBKK deny that the authority is DBKK?

iii.               Why did LPPB, the land owner, not agree to meet the owners of houses at Vistana Heights?

Now what comes to mind is, LPPB had signed the Development plan dated 1995 but not on the plan dated 2011 approved by Datuk Abidin Madingkir and on the 1998 plan approved by Datuk Yeo Boon Hai.

Is it possible that the land was transferred to ‘the authority’ in 2011 or earlier?

The sales and purchase agreement dated January 2014 states the following:

The common seal of the developer, Topwira Corporation Sdn Bhd as the appointed attorney of the owner dated 22^nd November 2010 and registered in Magistrate’s Court, Kota Kinabalu on 8^th December 2010 and numbered as 16,655/10 and noted in the Central Land Office Kota Kinabalu as CLO PA NO.35929 dated 13^th July 2012 affixed herein in the presence of: -

Perhaps my lawyer may be able to access that document to determine the owner, who may very well be the mysterious ‘authority’.

What is confusing are subsequent documents that say the land owner is Lembaga Pembangunan Perumahan dan Bandar (LPPB).

i.                    A letter from Topwira’s lawyer dated 02.07.2014 enclosing the Deed of Mutual Covenants listed the landowner as LPPB

ii.                  Progress billing to the bank dated 13.3.2019 states the land owner as LPPB.

iii.               The occupancy certificate dated 2.10.2019 states that the owner is Topwira Corporation Sdn. Bhd.

iv.                The letter on liquidated ascertained damages dated 16.10.2019 states that LPPB is the owner.

 

I am ending up with more questions than answers.

Any thoughts?