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Legal Opinion (Land Acquisition) Nerina & Associates - Coggle Diagram
Legal Opinion
(Land Acquisition)
Nerina & Associates
ISSUE 1
: Whether State Authority is entitled to acquire Kg. Sg. Baru on behalf of Suez?
Followed by Section 4(1), 5, 8(1) of LAA 1960
Section 3(1)(b) of LAA 1960 - ‘any corporation which is in the opinion of SA is beneficial to the economic development or the public in general'
ISSUE 3:
Whether Hj Musa may challenge the acquisition of his house
Ground 2
: Failure to comply with procedure
Step 5: Notice of Enquiry in Form E fixing the date and venue of enquiry to hear all claims to compensation by persons interested.(s10)
Step 6: Notice to persons interested to require evidence in writing - Form F
Step 4: declaration of intended acquisition (s8(1))
Step 7: Enquiry before the Land Administrator (s12)
Step 3: preparation of plan and list of lands (s7)
Step 2: Notice that the land is to be entered and surveyed (s5)
Ng Kim Moi & Ors. v. PTD Seremban & Anor
. [2004] 3 MLJ 301
The Appellants complain that the acquisition was in violation of the law in that Forms A and B prescribed by the Act were never issued and that Forms D, E and F though issued were not served.
Held: It is not mandatory that Form B be issued or that Form F be served.
Step 1: Notification that land is to be acquired is published in the Government Gazette (section 4)
ii) enquiry
Form E
Section 12 of LAA 1960 : Enquiry done by Land Administrator
Section 13 of LAA 1960
Section 17 of LAA 1960
Ground 1
: Compensation was unfair
Section 14(2) of LAA 1960
Ng Tiou Hong vs Collector of Land Revenue Gombak
[1984] 2 MLJ 35: the elements of unwillingness or sentimental value on the part of the vendor to part with the land and the urgent necessity of the purchaser to buy have to be disregarded and can’t be the basis for increasing the market value.
4 principles relating to the determination of compensation
Matters to neglect
Limitation
Matters to consider
Market value
Ground 4
: Acquisition was mala fide in terms of alienating the land to Suez after acquisition
Honan Plantations S/B v Kerajaan N. Johor* [1998] 5 MLJ 129
plaintiff had sought a declaration as his land was taken in ‘bad faith’
given it to the third defendant to develop.
Held: The State Authority had acquired the land according to the provisions of the LAA 1960.
State of Punjab v Guardial Singh
(1985) SCR (3) 995
-The acquisition proceedings were initiated based on the instruction of the respondent, who was a minister in the government and a local politician, to satisy his personal vendetta against the plaintiff
-Held: there was malice on the part of the government
Section 68A of LAA 1960
ISSUE 2
: Whether the government is entitled to acquire your land for the integrated development project?
Section 4(1) of LAA 1960 - Form A must be published to give notice that the land is high likely to be acquired
Section 8 of LAA 1960 - if it is for public purpose then Form D is needed to be declared
Section 3 of LAA 1960 - authorised the SA to acquire any private land
Yew Lean Finance Development Msia S/B v Director of Lands and Mines, Penang
[197] 2 MLJ 45
specific purpose of acquisition does not necessarily have to be identified. No need to limit the acquisition to be under either 3 of the purposes stated
Art 13 of FC - not an absolute right