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Has Plaza Hotel been effectively acquired by the government and when is…
Has Plaza Hotel been effectively acquired by the government and when is the effective date of acquisition?
:hand::skin-tone-3: Acquisition Stage :writing_hand::skin-tone-3:
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APPLICATION
Applying the case of Ng Kim Moi (2004), even if Form E was not served, it does not invalidate the enquiry as it is not a mandatory procedure.
Applying S. 11 LAA 1960: The failure to serve notice to the registered proprietor will not invalidate the enquiry. :+1::skin-tone-3:
Form E was issued on 14th Nov. 2018, but was not personally served on or received by Quesera.
:smiley: Thus, it is agreed that Quesera land has been effectively acquired by the govt. even Form E was not served.
APPLICATION
:first_quarter_moon_with_face: Apply case of Ishmael Lim (2015)
Failure to endorse in RDT does
not invalidate the acquisition process.
:last_quarter_moon_with_face:Apply case of United Allied Empire Sdn Bhd (2018)
Failure to endorse will consequently invalidate the acquisition process.
:pen: Form K has been issued, but no endorsement in RDT. :spiral_note_pad:
Thus, it is still up to the court to choose the way to interpret the endorsement of Form K in RDT, either it will consequently effect the acquisition of land or not. :male-judge::skin-tone-3::female-judge::skin-tone-3:
FORM E :bookmark_tabs:
:star2: Ng Kim Moi (2004) > Appellant claimed the acquisition was in violation of the law as Form A & B prescribed by the Act were never issued and Form D, Form E and Form F though issued were not served.
Held: Not mandatory for Form B to be issued or Form F to be served.
Thus, it can be understood that Form E that was not served will not invalidate the enquiry, as it is not mandatory same with Form B & Form F.
S. 11 LAA 1960 > Failure to serve notice to registered proprietor or to the interested person will not invalidate the enquiry. :no_good::skin-tone-4:
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LA published a Notice of Enquiry in Form E fixing the date & venue of enquiry to hear all claims of compensation by interested persons.