Compulsory acquisition of land requires adherence to statutory provisions, ensuring adequate compensation is awarded based on market value and relevant legal principles.

Shahnaz Sulaiman J:

Introduction

[1] This is a land reference matter arising from the compulsory acquisition of a portion of a landed property for the construction of a phase of the West Coast Expressway.

[2] At the hearing, this court, with the assistance of two assessors, made certain orders to the compensation awarded by the Land Administrator. This is the judgment for the reasons of this court in coming to that decision.

Factual Background

[3] The facts are garnered from documents filed in court with modifications.

[4] 13 land references involving a piece of land held under GRN20088 Lot 10478, Mukim Klang, Daerah Klang ("Scheduled Land") were consolidated by an Order dated 6 May 2024. The land references are:

(a) Land Reference No BA-15-153-12/2023 ("LR 153") by West Coast Expressway Sdn Bhd ("WCESB"), the highway concessionaire and paymaster of compulsory acquisition costs for the 233-km West Coast Expressway (E32).

(b) 12 land references by persons interested of the Scheduled Land ie, building owners ("Persons Interested") -BA-15-34-08/2023 ("LR 34"), BA-15-35-08/2023 ("LR 35"), BA-15-36-08/2023 ("LR36"), BA-1537-09/2023 ("LR 37"), BA-15-38-09/2023 ("LR 38"), BA-15-39-09/2023("LR 39"), BA-15-45-09/2023 ("LR 45"), BA-15-46-09/2023 ("LR 46"), BA-15-47-09/2023 ("LR 47"), BA-15-48-09/2023 ("LR 48"), BA-15-56-09/2023 ("LR56"), BA-15-57-09/2023 ("LR 57"). (collectively "Land References')

[5] The Land References concern partial acquisition of the Scheduled Land under para 3(1)(a), of the Land Acquisition Act 1960 (" LAA ") for the public purpose of "Projek Lebuhraya Persisiran Pantai Barat (Taiping-Banting); Pakej 3 (Dari Persimpangan SAE - Persimpangan NKVE / FHR2), Daerah Klang, Selangor" ("Acquisition"). The Respondent ("PTD"), after holding enquiries, made awards of compensation to landowners and persons interested of the Scheduled Land, totalling the sum of RM16,484,809.004 ("PTD's Award").

[6] The PTD's Award comprises the following components:

(1) the market value of the Scheduled Land

(2) severance, and

(3) land development costs.

[7] The Amended Form N submitted by WCESB seeks a reduction in the PTD's Award and has raised objections to all categories of claims granted by the PTD. The Form N submitted by the Persons Interested are primarily seeking ancillary costs that were previously denied by the PTD.

The Legal Principles

[8] The right to property is guaranteed in art 13 of the Federal Constitution which reads:

"(1) No person shall be deprived of property save in accordance with law.

(2) No law shall provide for the compulsory acquisition or use of property without adequate compensation."

[9] The law and proceedings relating to land acquisition are governed by the LAA 1960. This is a special Act which provisions must be strictly adhered to.

[10] The court of Appeal in Sistem Lingkaran Lebuhraya Kajang Sdn Bhd v. Inch Kenneth Kajang Rubber Ltd & Anor Other Appeals ; observed as follows:

"[4] The LAA I960 is a special Act relating to the acquisition of land, the procedure for the assessment of compensation to be made on account of such acquisition and all matters incidental thereto, including the manner, procedure, and circumstances upon which any dissatisfied party to an award of compensation may pursue legal redress in the court. In view of it being a special Act we are unanimous that the statutory provisions therein must be strictly adhered to and made applicable to all relevant parties. All procedural steps leading for a final determination of any award shall be in accordance with the provisions of 1960. This is clearly recognised in respect of all proceedings in the court, as can be seen from s 45(2) of the 1960 which reads:

(2) Save in so far as they may be inconsistent with anything contained in this Act, the law for the time being in force relating to civil procedure shall apply to all proceedings before the court under this Act."

[11] Section 14 of the LAA 1960 makes provision that awards of compensation for compulsory a