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2021 MarsdenLR 3381

COURT OF APPEAL PUTRAJAYA
PENTADBIR TANAH DAN DAERAH PETALING & ORS – Appellant
Versus
BANDAR UTAMA CITY CORPORATION SDN BHD & ANOR AND ANOTHE.... – Respondent


Petitioner Advocates:Mohd Syahrizal Syah Zakaria ,Respondent Advocate: Dato' Seri Gopal Sri Ram,Dato' Lim Choo Khim,Emily Wong,Chin Yan Leng

JUDGMENT

Yaacob Md Sam JCA:

Introduction

[1] There are two appeals before us which were heard together. For convenience parties will be referred to as they were in the High Court.

[2] Appeal No 151 is the 1st (Pentadbir Tanah dan Daerah Petaling), 2nd (Kerajaan Negeri Selangor), 3rd (Pengarah Tanah dan Galian Selangor) and 5th (Jabatan Perancangan Bandar dan Desa Negeri Selangor) respondents' appeal. Appeal No 152 is the 6th respondent's (Majlis Bandaraya Petaling Jaya) appeal.

[3] Both appeals were lodged by the respondents in respect of the decision made by the High Court on 17 March 2016 in allowing the applicants' application for judicial review to quash the decision of the 1st, 2nd and 3rd respondents to compulsorily acquire an area of 1,320 square meters of land which forms part of the whole land of the 2nd applicant (Bandar Utama Technology Park Sdn Bhd.) held under Grant No 54943, Lot 27680, Section 39, Bandar Petaling Jaya, Daerah Petaling, Selangor.

[4] After considering the written and oral submissions of the respective counsel and the records of appeal, we had unanimously allowed both the appeals. These are the reasons for our decision.

Background Facts

[5] The first applicant

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