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2023 MarsdenLR 1771

HIGH COURT MALAYA KUALA LUMPUR
POWER CELLULAR ACCESSORIES SUPPLY SDN BHD – Appellant
Versus
PESURUHJAYA TANAH PERSEKUTUAN & ORS – Respondent


Petitioner Advocates:Ravintran Shanmuganathan,Nik Nur Afiqah ,Respondent Advocate: Liew Horng

Wan Ahmad Farid Wan Salleh J:

The Factual Background

[1] The applicant's case is as follows.

[2] The applicant was the registered owner of all those pieces of land known as GM 325 Lot 2574 and GM 1429 Lot 414, Mukim Petaling, Kuala Lumpur ("the said Lands").

[3] By way of a Gazette notification dated 1 February 2001 made under s 8 of the Land Acquisition Act 1960 ("LAA"), the said Lands were declared as being needed for the purpose of "Projek Menaiktaraf Jalan Kelang Lama" ("the gazetted purpose").

[4] The acquisition of the said lands ("the 1st impugned decision") was completed on 11 April 2002 when the 2nd respondent, the Land Administrator of the Federal Territory, issued Form K of the LAA. Section 22(1) of the LAA states that the Land Administrator shall take formal possession of any scheduled land by serving upon the occupier thereof or, if he cannot be found, by posting thereon a notice in Form K.

[5] It is not in dispute that 14 acre of the said Lands was used for the gazetted purpose while the remaining part of the same was tenanted out for commercial use as a food court, known as the Kuchai Lama Food court ("Food court").

[6] The applicant, vide a letter dated 10 August 2015, wro

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