The Selangor Zakat Board today withdrew its application to stay a Court of Appeal ruling which nullified a decision by the Selangor land and mines office and religious authorities to seize a 26-acre land in Mukim Bestari Jaya in Kuala Selangor to build a mosque.

The board's lawyer Nik Azila Shuhada Nik Abdullah informed a three-member bench led by Justice Tengku Maimun Tuan Mat of the withdrawal. The other judges were Justice Abdul Rahman Sebli and Justice Kamardin Hashim.

It is understood that the board also intends to file a notice of discontinuance of its bid for leave to appeal at the Federal Court regarding this case.

Lawyer Adnan Ismail for the Selangor Islamic Council told the court that the other parties in the suit are considering to do the same.

United Allied Empire Sdn Bhd (UAE), the company that owns the land, was represented by lawyer Rosli Dahlan.

UAE had filed a judicial review application and named the director of Selangor land and mines office, the Kuala Selangor district office, the Selangor Islamic Department, the Selangor Islamic Council, the Selangor Zakat Board and the Selangor government as respondents to stop the acquisition.

The company initially lost the case at the Shah Alam High Court.

On Jan 17, the Court of Appeal bench led by Justice Abang Iskandar Abang Hashim nullified the acquisition as the procedures under the National Land Code were not followed.

The court ruled that there was procedural impropriety with regard to the land acquisition.

In the written judgment, the court ruled that the move by Selangor government and five state authorities to acquire the land was unlawful and tainted with bad faith.

The court ruled that the land authorities must adhere strictly to the procedural requirements to acquire the land.

Initially, the state authorities indicated that the acquisition made in 2013 was for the construction of a mosque, but when challenged, they stated it was also for a cemetery and other buildings.