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Can the state authority simply acquire private property without personally…
Can the state authority simply acquire private property without personally informing the registered proprietor of the intention to acquire?
:red_flag:Pre-acquisition Stage:red_flag:
APPLICATION &
CONCLUSION
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Applying the case of Orchard Circle S/B (2016), once Form D lapsed, all the proceedings thereafter is void. Thus, cannot issue Form A anymore.:frowning_face:
However, applying the most recent case which is United Allied Empire Sdn Bhd (2018), the issuance of Form A is indeed mandatory.
Besides, it still can be issued after the issuance of Form D.
In conclusion, the issuance of Form A is mandatory. But, it was never issued in this case, then it does not fulfill the proper procedure of acquisition.
Applying the case of Ng Kim Moi (2004), Ee Ching Pang (2013) & KL Kepong Bhd (2016), the issuance of Form A is not mandatory.
:speaking_head_in_silhouette::forbidden: Since it does not fulfilled the procedure, thus SA cannot acquire Quesera land without personally informing them on the intention to acquire as provides in Form A. :red_cross: :derelict_house_building:
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FORM A:bookmark_tabs:
:!:Effect?
- Land is under consideration by SA & to be acquired for purposes mentioned.:building_construction:
:male-judge::skin-tone-2: Hong Lee Trading (1991) - Notification under S.4 LAA is intended to serve as a notice for public at large that "land is likely to be needed" for any purposes under S. 3.
- Authorized person may enter into land to conduct survey.:memo:
- State promises for compensation.:moneybag:
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S. 52 LAA 1960 > Land Administrator (LA) must give a public notice of Form A by posting it at the district land office or public notice boards near the land.
S. 4(1) LAA 1960 > State Authority (SA) should issue a Notice of Intended Acquisition in Form A, showing land is likely to be acquired.This will be published in the Gazette.
NOT MANDATORY
TO ISSUE
:male-judge: Ee Chong Pang (2013) > Originally, CoA decided issuance of Form A is mandatory. But, FC overruled it & held issuance of Form A is not mandatory.
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:female-judge::skin-tone-2: Ng Kim Moi (2004) > Majority judges decided that Form A is not mandatory.
MANDATORY TO ISSUE
:male-judge::skin-tone-5: United Allied Empire Sdn Bhd (2018) > Issuance of Form A is indeed mandatory. It provides that Form A can still be issued after Form D been issued.
FORM D:bookmark_tabs:
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S. 8(3) LAA 1960 > Form D must be gazetted & conclusive evidence that land is needed for purpose specified.
S. 8(1) LAA 1960 > Declaration of Intended Acquisition
:arrow_right: When SA already decided that such land
needed for any purposes in S. 3.
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Lapsed? > S. 8(4) LAA 1960 > "...expiry of 2 years after the date of its publication in the Gazette..."
:star2: Orchard Circle S/B (2016) > Once Form D lapsed, all the proceedings thereafter void.