JUDGMENTBY: ABDUL RAZAK J, SUFFIAN LP

ABDUL RAZAK J This is a reference to court under section 36(1) of the Land Acquisition Act on the owners objection that the compensation awarded by the Collector was inadequate. The lands, the subject-matter of the acquisition, were acquired by the government for the proposed new hospital at Kuantan. The lots affected were 2182, 2183, 2184, 351, 2381, 2495 and 3409. For the purpose of the reference, only four were involved, Lots 2182, 2183, 2184 and 351. These were the subject of four separate references, Land References 6/77, 3/77, 4/77 and 5/77, in respect of Lots 2182, 2183, 2184 and 351 respectively. Land References Nos. 3/77, 5/77 and 6/77 had been consolidated. Land Reference No. 4/77 was heard separately by a separate set of assessors. For the sake of convenience and ease of reference, the judgment for 4/77 is given jointly here with the cases consolidated since except for the category of land used, all the other factors affecting the lands under the consolidation affect also Lot 2184 being in the same locality and subject to the same acquisition. I shall deal first with Land References 3/77, 5/77 and 6/77 in respect of Lots 2183, 351 and 2182 respectively.

The material date of their acquisition was May 4, 1973. The objector has asked for $ 40,000 per acre for Lot 2182, $ 45,000 for Lot 2183, $ 40,000 for Lot 2184 and $ 60,000 for Lot 351 respectively.

It is common ground in the government and private valuers reports that the lands acquired are approximately three miles from Kuantan Town. Except for one, they all have frontage to Jalan Tengku Mohamed which is a road linking the main road to Beserah and Jalan Teluk Cempedak. The position of these various places is shown in the plan annexed to both the valuers reports. They are about less than half a mile to Jalan Teluk Cempedak junction and about three quarter of a mile from the beach. The R.I.M.V. Office, the Assunta Convent, the Istana Mahkota of His Royal Highness, the Menteri Besars residence and the golf course are roughly within half a mile radius from the lands concerned. The Istana Mahkota is located on Lots 9119 and 6823. The R.I.M.V. Office is on Lot 3394. The Menteri Besars residence is along Jalan Teluk Cempedak on the fringe of the Government Cooperative Housing Society. With the exception of Lots 2183 and 351, the other lots including Lot 2182 are level, slightly above the road and rising gradually to the rear. Lots 2183 and 351 are about five feet above the road level but rising sharply to the interior to a small hill. At the date of the acquisition, the higher levels of these lands had been cut and cleared. They are, apart from the cutting of land, undeveloped and unmaintained. The lands to the right of Jalan Tengku Mohamed as one faces Jalan Beserah, are undulating and hilly and the lands to the left low and below the road level. The government valuer in his report said the lands along Jalan Tengku Mohamed are, generally considered to possess potential for first class residential development together with other institutional and governmental users. Lots 2381 and 2182 had approved planning permission for housing on March 19, 1966 and September 29, 1964 respectively. But no development had since taken place. In Lots 2183 and 351, layout plans for detached and semi-detached houses were submitted but not approved by the Town Planner. A noticeable fact is that lands to the left of Jalan Tengku Mohamed are relatively more developed than lands to its right as one faces Kuantan. There seems to be some dispute regarding the availability of essential services. According to the government valuer, public transport, water and electricity are not available or adequate whereas the private valuer says they are. He said that these services would in any event follow with development. There were hardly any private developments in this area. According to the government valuer, the availability of lands still nearer to Kuantan and

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