[1] This appeal was disposed by us on 24th October 2016 wherein we had allowed the appeal and directed that the matter be sent back to the learned Judge to consider the issue of severance and injurious affection under reference proceedings. We append below our grounds for so doing. We will refer to parties as they were described in the High Court.

Facts

[2] The facts of the case can be elucidated from the Grounds of Judgement of the learned High Court Judge.

Essentially, Lot 3822 Mukim 03, Daerah Seberang Perai Utara, Pulau Pinang was gazetted for acquisition for the purposes of "Projek Tambahan Ban Merentasi Kolam (Bahagian Kedah dan Pulau Pinang) Pakej 2B Hulu, Projek Tambatan Banjir Sungai Muda" on 7 November 2013.

One Ng Aik Pang and Zainal Azahar bin Mohd Zain (the Plaintiffs herein) owned each 1/3 and 2/3 parts of the said lot. The whole 0.3192 hectare of the said lot was acquired fully. The evidence given by the Government's Assessor showed that the said lot comp