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LAND ACQUISITION: LEGAL ISSUES & RULES AFIF & CO, FORM D: …

- - - - Magna Carta 1215: "No freeman shall be disseized or divested of his freehold and that no man shall be disinherited nor put his franchise or freehold, unless he be duly brought to answer and be forejudged by course of law.
      - Article 13 of Federal Constitution as whole preserves the sanctity of private property but clause (2) of the Article allows certain inroads into that general right.
      - LAND ACQUISITION ACT 1960
        
        Section 3 leaves the entire discretion with the State Authority to choose an area of land for whatever purpose or purposes it needs to acquire.
        
        Section 8: Declaration that land is needed under section 3.
        (1) When the State Authority decides that any of the lands referred in Section 7 are needed for any of the purpose referred in Section 3, a declaration in Form D shall be published in the Gazatte.
        
        Section 4: Preliminary Notice
        (1) Whenever the State Authority is satisfied that any land in locality in the State is likely to be needed for any for the purposes referred to in Section 3 a notification in Form A shall be published in the Gazette.
        
        Section 52 : Public Notice
        
        Explains how the government gives public notices under the Act.
        
        If the law says a public notice must be given (other than Gazetter), the notice is considered properly given when the Land Administrator puts copies of the notice at:
        
        District Land Office
        
        Public notice boards in the town, villages or mukim where the land is located.
        
        Any other suitable places near the land that the LA thinks appropriate.
        
        Section 53: Service of Notice Notice must be serves by delivering or tendering a copy of the notice to whom it is addressed or if he cannot be found to any adult member of his family residing with him.
        
        Section 56: No omission or failure to make due publication of a notice or to make due service upon persons and parties interested as provided in this Part shall invalidate any proceedings under this Act
- - - - United Allied Empire Sdn Bhd v Pengarah Tanah dan Galian Selangor & Ors
        The COA held that the compliance of the statutory requirements of the Land Acquisition Act are mandatory in a compulsory acquisition of the Land.
        State Authority failed to issue Form A as required under Section 4 of the Land Acquisition Act, thus result in no public notice of the acquisition of the land.
        
        The Land Administrator also failed to endorse the memorial on Form K.
      - Ee Chong Pang v Land Administrator of the District of Alor Gajah
        
        Form A was never published by the State Authority and hence the land acquisition excercise not being carried out according to the law was contrary to Article 13(1) of the Federal Constitution.
        
        Syed Omar bin Abdul Rahman Taha Alsagoff & Anor
        
        Any decision or declaration or gazette pertaining to compulsory acquisition can be question on the following grounds:
        
        Acquisition was not done in accordance with the Land Acquisition Act 1960.
        
        Acquiring authority had misconstrued its statutory powers: or
        
        the acquisition was done for an inadmissible purpose or on irrelevant grounds or without regard to relevant consideration or with gross unreasonableness; and or
        
        the purpose stated in the acquisition declaration does not come within the ambit of the relevant provisions of the Land Acquisition Act 1960.
        
        The Acquisition was done in bad faith.
        
        Hanon Plantations Sdn Bhd v Kerajaan Negeri Johor
        
        The court held that an acquisition made under the provision of the Act cannot be challenged unless a plaintiff establishes that the acquiring authority had misconstured its powers or had ected in bad faith or with gross unreasonableness.