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LAND ACQUISITION, FORM A - Notice that land is likely to be acquired. …

- - - - Effect
        
        Gives notice that an authorised person may enter into the land to conduct survey operations
        
        The State promises to compensate for any damage caused.
        
        Notifies the public that the said land is under consideration by the State Authority to be acquired for the purposes stated.
        
        Hong Lee Trading & Construction S/B v Taut Ying Realty S/B [1991]
      - Lapse of Form A
        
        After 12 months if the land described has not yet been gazetted in Form D (Declaration of Intended Acquisition). (s 4 (3))
        
        State Authority may issue fresh notification if the first one lapses.( s.4(4))
      - Issuing Form A is mandatory?
        
        No (Ng Kim Moi)
        
        Overruled. So yes mandatory (Ee Chong Pang & Ors. v. The Land Administrator of the District of Alor Gajah & Anor. )
        
        Supported by KL Kepong Bhd v Selangor State Govt & Anor.
    - - Cannot enter any dwelling house except after obtaining consent of the occuppier after sending 3 days notice in writing of its intention to do so.
    - - Must be gazetted and is conclusive evidence that the land is needed for the purpose specified therein. (s.8(3)
      - Honan Plantations S/B v Kerajaan N. Johor & Ors. [1998] : the State Authority is the best judge to determine what amounts to a purpose which is beneficial to economic development.
      - When does Form D lapse? S8 (4) lapse on the expiry of 2 years after its publication in the Gazette. (Orchard Circle S/B v PTD Hulu Langat & Ors)
  - - - Proviso to Section 11 - kalau RDT damage, which cause the LA cannot serve the notice to the (b) & (c), will not invalidate the enquiry. as they were reflected through IDT
    - - If the LA does not issue Form B, and does not serve Form F, is the acquisition invalid? (Ng Kim Moi & Ors. v. PTD Seremban & Anor)
    - - The function of the Collector is not merely administrative but there is implied a proper exercise of discretion (PHT, Daerah Barat Daya (Balik Pulau) Pulau Pinang v Kam Gin Paik)
    - - Before that, the LA will request from the Dept. of Valuation and Assets Management (JPPH), Ministry of Finance, a report to advise him on the determination of compensation for the land.
    - - Award of Compensation
        
        Assessment of Compensation (First Schedule)
        
        Matters to be considered
        
        Market Value
        
        Method of Valuation
        
        1(1A). Prices paid for recent sales of lands with similar characteristics as the scheduled land within same vicinity, particularly the last transaction within 2 years of the reference date.
        
        If part only of land is acquired, refer to market value of whole land but consider also particular features of that part.
        
        If leasehold property can have regard to date of expiry of lease but not any subsequent alienation.
        
        Must consider any implied or express condition restricting the use of land.
        
        If Malay Reservation land or Malay holding or customary land – such status not to be considered
        
        Must consider specific land use of land as indicated in the development plan prepared by the town planning authority.
        
        1(2C) Reinstatement Principle
        
        1 more item...
        
        Reference Date
        
        1(b) When FORM D not served within twelve months, the reference date will be on the date of publication of FORM D
        
        1(a) If FORM A has been issued and followed by FORM D within twelve months, the reference date will be on the date of publication of FORM A.
        
        Ng Tiou Hong v CLR Gombak
        
        Increase in value of other land belonging to the person as a result of acquisition.
        
        Severance Damage
        
        Reduction in value of a person’s remaining land caused merely by taking a part of the person’s land, not caused by public work for which land was taken.
        
        CLR v Looi Lam
        
        1 more item...
        
        Injurious Affection
        
        A deleterious effect on the value of the remaining land caused by something done or proposed to be done on the land acquired.
        
        Forced change of residence or place of business.
        
        Where only part of land is acquired, an undertaking to build roads, drains, walls, fences, etc. benefitting part of land not acquired.
        
        Matters to be neglected
        
        Section 14 (2)
      - Where the number of persons or area of land is small, the LA has discretion to hold a summary enquiry and make an oral award under s.17.
      - Possession of land is taken by the LA at the time of serving Form H on the occupier of the land.
        Formal possession is taken by the LA by serving on the occupier a Notice in Form K. (s.22)
        
        Ishmael Lim bin Abdullah v Pesuruhjaya Tanah Persekutuan [2015] MLJ 126
        
        United Allied Empire Sdn Bhd v PTG Selangor & Ors.(ikut yg ni)
      - Certificate of Urgency (s.19) Slides 50
  - - - Accept payment under protest
      - Grounds for objection
        
        Amount of compensation
      - Locus standi
      - Appeal
    - - Grounds
        
        2) Delay in making award and payment.
        
        3)Ultra-vires the constitution.
        
        4)Breach of natural justice.
        
        5)Non-compliance with the Act/ legal impropriety.
        
        6) Acquisition was ‘mala fide’.
        
        1) Delay in holding enquiry.
      - Application