Judicial review in land acquisition cases can proceed despite alternative remedies; speculative complaints regarding future restrictions lack merit.

Introduction

[1] This was a judicial review application by the applicants under O 53 of the Rules of 2012 against the decision of the respondent dated 19 April 2021 in a land acquisition enquiry under the Land Acquisition Act 1960 (" LAA ").

[2] The said decision concerns with the respondent's action during the said enquiry to reduce the area of land to be acquired from 293 square meter as originally scheduled under s 8 of the LAA to a smaller area of 229 square meter and to that end had left certain portion of the remaining land not acquired belonging to the 1st applicant and some part of a building currently erected thereon belonging to the 2nd applicant to become encumbered as 'First Reserve of the Railway Protection Zone' under the Railways (Railway Protection Zone) Regulations 1998 ("the impugned decision").

[3] The reliefs prayed for in this judicial review application are essentially:

(a) an order of certiorari to quash the impugned decision and consequential thereto to cancel Form G and Form H dated 19 April 2021 issued by the respondent under LAA ; and

(b) an order of mandamus, to compel the respondent to hold a fresh enquiry to acquire the original area of 293 square meters as per the original layout plan and to acquire the whole of the said building so that post acquisition the whole of the remaining land would be free from any restrictions relating to Railway Protection Zone for future developments;

[4] At the conclusion of the hearing, I dismissed the application and the followings are the reasons for my decision.

Salient Facts

[5] The 1st applicant is the registered owner of a piece of land held under HS(D) 259379 PTB 12478 Bandar Johor Bahru comprising an area of approximately 2,187.8666 square meters ("the said land").

[6] The 2nd applicant is the tenant of the said land and have erected a temporary building above the said land with approval from the local authority ("the said building"). The said building is housed within it a restaurant operated by another third party.

[7] On 21 January 2021 the respondent caused to gazette a land acquisition notice under s 8 of LAA to declare the government's intention to acquire part of the said land comprising an area of 293 square meter ("the Scheduled Land") along with other lands for the purpose of building a public railway line linking Johor Bahru and Singapore known as "The Rapid Transit Link System Johor Bahru-Singapore Project At Mukim Bandar Johor Bahru In The District Of Johor Bahru" ("the Project").

[8] Consequent to the notice, a land enquiry was scheduled to take place on the 7 April 2021 at the respondent's office.

[9] Prior to the hearing, the applicants' valuers were shown with the layout plan of the Scheduled Land at the respondent's office ("the original layout plan"). The original layout plan showed that:

(a) the Scheduled Land was demarcated to be of a straight line parallel to the proposed railway alignment;

(b) the Scheduled Land is located at the corner of the said land which has dual frontage - on its south facing Jalan Ibrahim Sultan and on its west facing Jalan Lingkaran Dalam; and

(c) part of the said building which is closer to corner of the said land will fall to be within the boundary termed as 'First Reserve' of the 'Railway Protection Zone" as prescribed under the Railways (Railway Protection Zone) Regulations 1998 ("1998 Regulation").

[10] On the date of the hearing, the respondent adjourned the hearing to 19 April 2021 at the request of the owner of the Project ie the Malaysia Rapid Tra