Wan Yahya J:

[1] This matter was referred to us pursuant to an application made by the landowner under s 38 of the Land Acquisition Act, 1960. The land in question (referred to as the acquired land) is a freehold rubber plantation about 13 acres 0 Rood 9 Poles in area situated in the Mukim of Masjid Tanah, Malacca. It is a second layer lot located off the 19 milestone Masjid Tanah/Lubok China Road. Notification for intended acquisition pursuant to s 8 of the Act was gazetted August 30, 1979 and therefore that is the date relevant for valuation purposes.

[2] The objection disclosed by the applicant in Form N is on the amount of compensation and the reason advanced on such objection is based on the compensation being lower than the market value of the acquired land at the relevant time.

[3] I do not think it is necessary for us to go into further discussions on the meaning of market value except to reproduce hereunder the oft cited passage of Jenkins CJ in the renowned case of Kailas Chandra v. Secretary of State 17 Cal LJ 35 as follows:

"The market value of any land may be roughly described as the price that an owner willing, and not obliged to sell might reasonably expect to ob