Hamid Sultan JC:

[1] This is my judgment in respect of the application of the applicant to move the court, pursuant to O 53 of the Rules of the High 1980 ("RHC") seeking orders for certiorari and prohibition, etc.

[2] The applicant is the registered owner of a land at Telipok, in the district of Kota Kinabalu ("land"). The second respondent is jointly owned by the first respondent and Tenaga Nasional Berhad which is owned by Khazanah Sdn Bhd, the investment arm of the Federal Government. The third respondent is a concessionaire to built a power plant for the second respondent under the scheme "build, operate and transfer" and after 21 years of operation to sell it to the second respondent for RM10 under a private power purchase agreement ("PPA").

[3] The applicant"s land was compulsorily acquired by the first respondent, pursuant to s 3 of the Land Acquisition Ordinance (Sabah Cap 69)("LAO") and had been gazetted according to the law. The gazette notification, inter alia, stated that ... acquired for a public purpose, that is to say for the construction of public utility that is power station, Kota Kinabalu. Importantly to this case, the applicant before the acquisition was i