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Land Acquisition old, Conclusion, Issue 1, Issue 2, Issue 3, Issue 4,…

- - - - (3) A person authorized under subsection (1) shall not enter into any building or upon any enclosed court or garden attached to a dwelling-house unless— (a) he has first obtained the consent of the occupier thereof; or (b) failing such consent, he has given the occupier three days’ notice in writing of his intention to do so.
- - - - The State Authority may acquire any land which is needed — (a) for any public purpose; (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; or (c) for the purpose of mining or for residential, agricultural, commercial, industrial or recreational purposes or any combination of such purposes.
    - - Held that land acquired for residential, industrial and public purposes are not vague reasons. Section 3 states that government has sole right to determine what qualifies as public purpose or not and cannot be challenged in courts
    - - Held that there is no precise definition of "public purpose", simple common sense test should apply to see whether it serves the general interest of the people
    - - The government / Federal Territory Land Office has the right to acquire the land for the purpose of an integrated development project since it falls under public purpose under the Act
  - - - Every award prepared under subsection (1) shall be filed in the office of the Land Administrator and shall be final and conclusive evidence of the area of any scheduled land, of its value in the opinion of the Land Administrator, and of the apportionment of the compensation awarded by the Land Administrator, whether the persons interested therein have or have not appeared at the enquiry.
    - - Item 1 of 1st Sch
        
        For the purposes of this Act the term ― "market value" where applied to any scheduled land shall mean the market value of such land — (a) at the date of publication in the Gazette of the notification under section 4, provided that such notification shall within twelve months from the date thereof be followed by a declaration under section 8 in respect of all or some part of the land in the locality specified; or (b) in other cases, at the date of the publication in the Gazette of the declaration made under section 8.
      - Item 1(1A) of 1st Sch
        
        In assessing the market value of any scheduled land, the valuer may use any suitable method of valuation to arrive at the market value provided that regard may be had to the prices paid for the recent sales of lands with similar characteristics as the scheduled land which are situated within the vicinity of the scheduled land and with particular consideration being given to the last transaction on the scheduled land within two years from the date with reference to which the scheduled land is to be assessed under subparagraph (1).
      - Ng Tiou Hong v CLR Gombak
        
        Federal Court : (1) Market value means the compensation must be determined by reference to the price a willing vendor might reasonably expect to obtain from a willing purchaser. (2) Market price can be measured by considering the price of sales of similar lands in the locality. (3) Its potentialities must be taken into account. i.e. land use and future development potential. (4) The location of the land, whether near a developed town, access roads, etc. (5) Estimates of value by experts
      - Draman bin Kassim v Land Administrator, Hulu Terengganu
        
        Appellant was dissatisfied by the quantum offered to him since the High Court rejected the comparison with two other lots to assess market value of the acquired land for a higher price. The Supreme Court decided to raise the compensation to $7,000 per acre instead of $4,800.
      - Matters to be considered in determining compensation
        
        2(e) if, in consequence of the acquisition, he is or will be compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change
    - - Any person interested in any scheduled land who, pursuant to any notice under section 10 or 11, has made a claim to the Land Administrator in due time and who has not accepted the Land Administrator’s award thereon, or has accepted payment of the amount of such award under protest as to the sufficiency thereof, may, subject to this section, make objection to— (a) the measurement of the land; (b) the amount of the compensation; (c) the persons to whom it is payable; (d) the apportionment of the compensation.
  - - - Any person interested in any scheduled land who, pursuant to any notice under section 10 or 11, has made a claim to the Land
    - - Must be person interested (Section 2 LAA)
        
        "person interested" includes every person claiming an interest in compensation to be made on account of the acquisition of land under this Act, but does not include a tenant at will;
      - Must receive notice of Form E or F (Section 10 and 11)
      - Claim must be made in time (section 38) whether objecting award or accepting award under protest (section 30)
    - - Hj Musa is allowed to appeal since he is the registered proprietor of the land.
    - - Any objection made under section 37 shall be made by a written application in Form N to the Land Administrator requiring that he refers the matter to the court for its determination, and a copy thereof shall be forwarded by the Land Administrator to the Registrar of Court.
    - - b ) any person who has received any payment of any amount awarded otherwise than under protest shall not be entitled to require that his claim be referred to the Court under section 37.
  - - - Upon the conclusion of the enquiry under section 12 relating to any scheduled land the Land Administrator shall prepare a written award under his hand in Form G, in which he shall, in respect of each separate area of scheduled land, make a separate award in respect of each person whose interest in the land has been established in such enquiry.
    - - On making any award under subsection 14(1) in respect of any scheduled land the Land Administrator shall prepare and serve on each person interested in such land a notice in Form H.
    - - The government is allowed to issue the same Forms A and D which relates to acquisition, to different properties since it is not restricted by the law. The issuance of award for compensation would however be different.
  - - - The State Authority may acquire any land which is needed — (a) for any public purpose; (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; or (c) for the purpose of mining or for residential, agricultural, commercial, industrial or recreational purposes or any combination of such purposes.
    - - The government had not acted in Mala Fide since the land was acquired for public purpose according to the Act
    - - The Plaintiff/Respondent alleged ‘malice in law’ and ‘malice in fact’ when the government acquired his land. It was held that: there was no wrongful conduct on the part of the State Authority that violates the right of the Pf.
        • The SA had acquired the land according to the provisions of the LAA 1960.