The Land Acquisition Act 1960 mandates that Form D remains valid as long as the initial award is made within the stipulated period, regardless of subsequent judicial reviews, affirming principles of res judicata and estoppel.

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 can clothe a declaration in Form D, which would otherwise lapse and cease to have any effect pursuant to s 8(4) of the Land Acquisition Act 1960 , with legal effect."

Background

[3] The appellant (hereinafter referred to as "Orchard Circle") was the registered owner of two parcels of land, namely, Lot 8630 and Lot 2630, both held under Grant 30006, Mukim Kajang District of Selangor, out of which 9005.08 square metres of Lot 8630 and 10,118.69 square metres of Lot 2630 (the lands) were acquired by the State Authority. Hence the State Authority acquired a total of 19,123.77 square metres of land.

[4] On 10 December 2001, Form D of the Land Acquisition Act 1960 (LAA) was issued to compulsorily acquire the lands for the purpose of building the Kajang Traffic Dispersal Highway (SILK Highway).

[5] On 24 December 2002, an inquiry before the Land Administrator was held in respect of the acquisition of 19,123.77 square metres of land on 10 December 2001 (the first land inquiry). Orchard Circle was subsequently informed that the award for the acquisition of 19,123.77 square metres of land was a nominal RM1. Reason being, that a portion of the lands had already been surrendered to the State Authority. Form G and Form H dated 24 December 2002 were issued in relation to the first land inquiry (first award).

The First Judicial Review Proceedings

[6] On 30 January 2003, Orchard Circle filed an application for judicial review in the High Court Shah Alam for an order, amongst others, to quash the first award of compensation and alternatively for a declaration that the acquisition of the lands is null and void (first judicial review application). In this first judicial review application, Orchard Circle alleged that it was not given a right to be heard at the first land inquiry.

[7] On 10 December 2010, (after nine years from the date of Form D, and seven years from the date of filing of the first judicial review application), the learned Judge of High Court Shah Alam, Hinshawati Shariff J allowed the first judicial review application and made the following orders:

(i) A certiorari to quash the first award; and

(ii) A mandamus to remit the matter back to the Land Office for a fresh second land inquiry.

[8] Hence, pursuant to the order of the High Court dated 10 December 2010, an inquiry was conducted by the Land Administrator on 17 February 2011 (the second land inquiry). At the second land inquiry before the Land Administrator, Orchard Circle raised the following issues:

(a) Form D had lapsed because no award was made within two years from the date of Form D (premised on s 8(4) of the LAA); and

(b) Orchard Circle did not surrender any portion of the lands to the State Authority.

[9] On 20 April 2012, the Land Administrator in the second land inquiry made the following orders:

(a