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2020 MarsdenLR 2511

FEDERAL COURT PUTRAJAYA
ORCHARD CIRCLE SDN BHD – Appellant
Versus
PENTADBIR TANAH DAERAH HULU LANGAT & ORS – Respondent


Petitioner Advocates:Cyrus Das,Ambiga Sreeneevasan,Shireen Selvaratnam ,Respondent Advocate: Masri Mohd Daud,Siti Fatimah Talib,Etty Eliany Tesno

JUDGMENT

Zabariah Mohd Yusof FCJ:

[1] The appeal by the appellant is against the whole decision of the Court of Appeal dated 21 July 2017 which, inter alia:

(i) Allowed the respective respondents' appeals (Appeal Nos: B-01(A)-114-04-2016, B-01(A)-121-04-2016 and B-01(A)-122-04-2016) with costs;

(ii) Dismissed the appellant's appeal (Appeal No: B-01(A)-131-04-2016) with no order as to costs;

(iii) Set aside the High Court Order dated 7 March 2016 (save for the order refusing damages);

(iv) Held that Form D dated 10 December 2001 is valid; and

(v) Directed that all objections with respect to the decision of the Land Administrator on the issues of compensation and surrender be determined in the pending land reference proceedings.

[2] The appellant was granted leave to appeal to the Federal Court on 4 December 2017 on the following questions of law:

"Whether, pursuant to s 8(4) of the Land Acquisition Act 1960 , a declaration in Form D lapses and ceases to be of any effect where an award of the Land Administrator is made within the stipulated two-year period but subsequently quashed resulting in a subsequent award made outside the two-year period";

"Whether issues of res judicata and estoppel c

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