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Whether Quesera Sdn Bhd may appeal against the acquisition by the State…
Whether Quesera Sdn Bhd may appeal against the acquisition by the State Authority
Grounds for judicial review
Non-compliance
with the act
Order 53 Rule 3(6) of Rules of High Court 2012
Kijal Resort Sdn Bhd v Pentadbir Tanah Kemaman & Anor [2016] 1 MLJ 544
3 months
period begins from the date of service of Form E to the land owner.
Sime Darby Plantation Bhd v PTG Negeri Melaka & Ors [2020] 7 MLJ 776
not necessarily
from the date of Form E
but from the
date
when second Respondent
decided
to pursue with the land acquisition
Law and Cases
Ng Kim Moi & Ors v PTD Seremban & Anor [2004]
The notification of Form A is mandatory.
Deprivation of the Appellant's property was not done in accordance with the law
United Allied Empire Sdn Bhd v PTG Selangor & Ors [2018] 1 MLJ 661
The issuance of Form A was a mandotary requirement under Section 4(1) of Land Acquisition Act 1960
As there was non-compliance with a mandatory legal requirement by the respondents, which rendered the acquisition of the appellant’s land illegal
Section 11(1): the issuance of Form E is mandatory
Section 23: the endorsement of Form K is mandatory
Application and Conclusion
Application
Form A was never issued
Form K had not endorsed on the RDT
Form E had not personally served
Conclusion
Quesera Sdn Bhd
may challenge
the Land Acquisition by the State Authority for non-compliance with the act
Shall be made within
3 months
from the date decision is first communicated to the applicant
(1)
(2)
(3)
(4)