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LEGAL OPINION, (Section 13 of the Land Acquisition Act 1960, in…
LEGAL OPINION
5th issue Whether the third party purchaser has a locus standi to file an objection against the acquisition proceeding and claim compensation
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a) Section 37 of LAA
- Claim in due time (Section 38)
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- Must have received Form E/F (Section 10/11)
- Section 2 - person interested
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Sub issue of 4th Issue: Whether Quesera's Board of Directors can appeal against the payment of the compensation received since they are not happy with it or not?*
can or cannot?
Land Reference Matter
Yes : Section 30(a) and Section 37(1) Land Acquisition 1960
- must be within 6 weeks of the Land Administrator's award (if applicant present & made in Form N under Section 38)
Who can apply? Section 37(1) of the LAA 196
- person interested c/r Section 2 + 37(3) of the LAA 1960
- received the notice in Form E or Form F
- must have made claim to LA in due time as regard to objecting to the award
Ground of Land Reference Matter Section 37(1)
1) Measurement of land
2) Amount of compensation
3) Person to whom payable
4) Apportionment of compensation
Whether the period of 6 weeks to file Form N in Section 38(4) can be enlarged by court?
- YES but must prove special circumstances
Singapore Para Rubber Estate Ltd v PTD Rembau Negeri Sembilan
- not complied statutory requirement cannot be used as Special Circumstances
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4th Issue: Whether Quesera can object the Awards compensation given and when will compensation be determined
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Section 13 of the Land Acquisition Act 1960, in conducting enquiry, the Land Administrator will have power like a Judge in Court.
Before making the award, the Land Administrator will request from the Department of Valuation and Assets Management (JPPH) on the determination of the compensation for the land.
Then, the Land Administrator will make an award in Form G
After the Land Administrator issued Form G, then he will issue a notice in Form H.
However, Section 37 of the Land Acquisition Act 1960, giving a right to persons interested to apply to the court to object to the amount of compensation.
According to Section 16 of the Land Acquisition Act 1960, it mentioned that the Land Administrator will issue a notice in Form H to the person having interest in the land informing them about the award and offer of the compensation
Daerah Barat Daya Pulau Pinang v Kam Gin Paik (1983)2 MLJ 390 , the court held that it is fairly clear that the function of the Land Administrator is not merely administrative but there is implied a proper exercise of discretion.
Section 14(2) of the Land Acquisition Act 1960, all the awards prepared by the Land Administrator shall be final and conclusive evidence
Section 12(1) of Land Acquisition Act 1960, on the date of an enquiry, the Land Administrator shall make full enquiry into the value of all scheduled lands and shall assess the amount of compensation based on his opinion that must be according to the consideration set out in the First Schedule
1st Issue: Whether the State Authority can acquire private property without personally informing the registered proprietor of the intention to acquire.
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Form B
Section 5(1) of the Land Acquisition Act 1960, state officials are allowed to enter and conduct investigations on the land.
Form D
S8(1) LAA: State will declare form D, declaration of intended acquisition
Section 8(3) of the Land Acquisition Act 1960, form D must be gazetted
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Precise definition of public purpose-test:- whether the purpose serves the general interest of the community
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b) by any person or corporation for any purpose which in the
opinion of the State Authority is beneficial to the economic development of Malaysia or any part thereof or
to the public generally or any class of the public
c) for the purpose of mining or for residential, agricultural, commercial, industrial or recreational purpose, or any combination of such purposes
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(2) No law shall provide for the compulsory acquisition or use of property without adequate compensation
Johor's State Authority- act of alienating the land to the third Defendant was held not to invalidate the acquisition.