LAND LAW II LAWS3311 SECTION 2 Assignment Question (a) , - Coggle Diagram
LAND LAW II LAWS3311 SECTION 2 Assignment Question (a)
Whether a group of Orang Asli living in an Orang Asli reserve may claim compensation upon acquisition of their land by the State Authority under the Land Acquisition Act 1960
ABORIGINAL PEOPLE ACT 1954
“If any land is excised from any
aboriginal area or aboriginal reserve
or if any land in any aboriginal area is alienated, granted, leased for any purpose or otherwise disposed of, or if any right or privilege in any aboriginal area or aboriginal reserve granted to any aborigine or aboriginal community is revoked wholly or in part, the State Authority may grant compensation therefor and
may pay such compensation
to the persons entitled in his opinion thereto or may, if he thinks fit…”
The compensation payable under Section 12 is to be determined by the State Authority, and may be paid to the persons entitled in the State Authority's opinion, or to the Director General of Orang Asli Development to be held by him as a common fund for such persons or for such aboriginal community as shall be directed.
Definition in Section
means an aboriginal reserve declared to be such under this Act
means an aboriginal area declared to be such under this Act
In general, the Aboriginal Peoples Act 1954 provides the law for the protection of the rights and well-being of the Aboriginal peoples inhabiting West Malaysia in respect of land tenure.
When the land occupied by aboriginal people which had been declared as aboriginal area or reserve been disposed of or revoked, the State Authority may grant and therefore pay such compensation.
COMPENSATION UNDER THE LAND ACQUISITION ACT 1960
"No law shall provide for the
or use of property
without adequate compensation
Definition of Land under LAA 1960
“land means alienated land within the meaning of the State land”
Sagong bin Tasi & Ors lwn Kerajaan Negeri Selangor 
Sagong Bin Tasi, a 74 year-old Orang Asli of the Temuan tribe from Dengkil, Selangor. He is also the leader of the Orang Asli community of Kampung Bukit Tampoi, who filed a lawsuit against the government for its attempt to acquire the land for the Kuala Lumpur-Nilai Highway construction project. The land was not gazetted as an aboriginal reserve land or aboriginal area but the Temuan tribe had lived on the land for generations under a customary community title, yet they were forcibly evicted from their homes.
The Supreme Court ruled in favour of the plaintiffs. The court found that the Orang Asli were the customary owners of the land as they owned the land under a customary community title of a permanent nature for fulfilling the element of occupation.
The court also found that the government had failed to consult with the Orang Asli before acquiring their land, in violation of Article 8(3) of the Federal Constitution. Thus, they are entitled to the award of compensation under LAA 1960.
Issues in this case
Whether the plaintiffs hold the land under a customary communal title?
Whether upon deprivation of the land in question, they must be compensated under the APA 1954 or LAA 1960?
Whether the plaintiffs were entitled to receive compensation for deprivation of the ungazetted land?
Adong Bin Kuwau & Ors v Kerajaan Negeri Johor & Anor  1 MLJ
whether all acquisition of proprietary rights must be compensated?
whether aboriginal peoples are entitled to be compensated for loss of livelihood and hunting ground?
The plaintiffs' were a group of aboriginal people living around the Sungai Linggiu catchment area ('the Linggiu valley'). The plaintiffs sought reliefs against the Government of the State of Johor and the Director of Land and Mines for the following declarations:
(i) that all the lands acquired by the defendants for the purpose of constructing the Sungai Linggiu Dam near Kota Tinggi, Johor was aboriginal area or aboriginal reserve; and
(ii) that the defendants jointly or severally pay to the plaintiffs all the compensation received by them from the Government of Singapore or a sum deemed just by the court.
The plaintiffs claimed that the lands within the vicinity of Sungai Linggiu ('the lands') were their traditional and ancestral land and upon which they depended to forage for their livelihood in accordance with their tradition. The plaintiffs stated that the defendants had alienated the lands to the State Corporation.
the plaintiffs were awarded the sum of RM26.5m
As it was discussed earlier, the APA 1954 would not be applicable in this case as nowhere in the situation stated if the Orang Asli reserve that the Orang asli is occupying has been gazetted as Aboriginal area or reserved under the APA 1954.
Even so, the question states to provide advice if they may be able to claim compensation under the LAA 1960 we would apply all the laws and principles from Sagong’s case to the current situation.
As discussed earlier, the Land Acquisition Act 1960 flows from clauses in Article 13 of the Federal constitution regarding compensation for compulsory land acquisitions. We can see that the compensation for the acquisition of a proprietary title itself, is regulated by “LAA 1960” which gives the government the right to acquire Orang Asli land for a public purpose with compensation. This is in reference to section 2, that was discussed earlier where the word 'land' is defined to include land occupied under customary right.
As per in the judgment in Sagong’s case, in order to decide whether the land falls within this, the community must be able to show the land was continuously occupied and maintained by them to the exclusion of others in pursuance of their culture and inherited by them from generation to generation in accordance with their customs. This means that the Orang Asli who have been occupying land for generations, even if they do not have any formal documentation of title, are still considered to have a right to that land under the LAA making them eligible to claim for compensation.
What is the basis for the compensation?
ADONG KUWAU'S CASE
forms of deprivation
future living for himself and his immediate family
future living for his descendants
produce of the forest
freedom of inhabitation or movement
British introduced the Torrens land system which introduced alienation and title for the first time
aboriginal peoples' rights over the land include the right to move freely about their land
Section 11 of the Aboriginal Peoples Act 1954 ('the Act') guarantees adequate compensation for land, bearing rubber or fruit trees claimed by the aboriginal people, that is alienated.
Meaning of land ‘ to include
alienated land within the meaning of the state land law,
land occupied under customary right
and land occupied in expectation of title;
“The law governing the acquisition of land is the LAA. Under s 2, the word
'land' is defined to mean alienated land within the meaning of the state land law, land occupied under customary right and land occupied in expectation of title.
To my mind, as the
land was continuously occupied and mainta
ined by them
to the exclusion of others in pursuance of their culture
inherited by them from generation to generation in accordance with their customs
the ambit of
land occupied under customary right'
within the meaning of the definition.
The expression ' land occupied under customary right' is not defined. Hence, in construing its meaning, I adopt a purposive approach and hold that it should be given a wider interpretation so as to achieve the object of the LAA, that is to say, to ensure adequate compensation be paid for the land acquired.”
The Federal Court mandates the provision of compensation in the event of compulsory acquisition where this matter is also under the purview of the LAA that includes land occupied under the customary right (orang asli land) in its definition of 'land' governed by the act.
examplary damages awarded
Being an aboriginal community, they had to fend for themselves in the harsh weather and in the words of the court ‘very high-handed tactics were employed’
the crops and building structures were demolished which then forced the community out of the area with limited compensation
The group of Orang Asli living in an Orang Asli reserve may claim compensation upon acquisition of their land by the State Authority under the Land Acquisition Act 1960