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Tuan Haji Musa - Coggle Diagram

- - - - Section 8(1) of LAA : When the State Authority decides that any of the lands referred to in section 7 are needed for any of the purposes referred to in section 3, a declaration in Form D shall be published in the Gazette.
      - Section 8(3) of LAA : A declaration in Form D shall be conclusive evidence that all the scheduled land referred to therein is needed for the purpose specified therein.
      - Honan Plantations S/B v Kerajaan N. Johor & Ors. [1998] :The declaration in Form D is conclusive as to the purpose for which the scheduled lands are required which would mean that Parliament has decided that the State Authority is the best judge to determine what amounts to a purpose which is beneficial to economic development.
      - Section 8(4) of LAA : “… A declaration under subsection (1) shall lapse and cease to have effect on the expiry of 2 years after the date of its publication in the Gazette…”
    - - Ng Kim Moi & Ors. v. PTD Seremban & Anor. [2004]:The appellants land in Labu was acquired by the State government of N.9.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 (COA): It is not mandatory that Form B be issued or that Form F be served. The notification in Form A is also not mandatory. Reasons: The significance of Form A are two: Firstly, to enable the State Authority to authorise persons to enter the land to do certain work. Secondly, it is the date upon which the market value of the land is ascertained according to the First Schedule. First Schedule also provides for ‘any other cases’.
      - Gopal Sri Ram (dissenting): Since the LAA 1960 is a statute that is aimed at deprivation of property, courts require the acquiring authority to act strictly in accordance with the terms of the Act. The word ‘shall’ in s.4 LAA with regard to the notification in Form A is mandatory. There was a clear violation of a mandatory provision of the LAA 1960. Deprivation of the App.’s property was not done in accordance with law. Contravenes Art. 13(1) Fed. Consti.
    - - Section 4(1) of LAA : Whenever the State Authority is satisfied that any land in any locality in the State is likely to be needed for any of the purposes referred to in section 3 a notification in Form A shall be published in the Gazette.
      - Section 4(2) of LAA : The Land Administrator shall give public notice of any notification published under subsection (1) in the manner prescribed by section 52.
      - Section 4(3) of LAA : A notification under subsection (1) shall lapse in so far as it relates to any land or part of any land in respect of which there is not published in the Gazette within twelve months from the date of publication of such notification a declaration under subsection 8(1).
- - - - Delay in holding enquiry.
      - Delay in making award and payment.
      - Ultra-vires the constitution.
      - Breach of natural justice.
      - Non-compliance with the Act/ legal impropriety.
      - Acquisition was ‘mala fide’.
  - - - ‘Market Value’. Section 1
      - Matters to consider. Section 2
      - Matters to neglect. Section 3
      - Limitation.