2013 MarsdenLR 3001

FEDERAL COURT PUTRAJAYA
SYED HUSSAIN SYED JUNID & ORS – Appellant
Versus
PENTADBIR TANAH NEGERI PERLIS & ANOTHER APPEAL – Respondent
[Civil Applications No: 08(f)-633-08-2012(R) & 01(f)-20-08-2012(R)]

An appeal against compensation awarded under the Land Acquisition Act is limited; the decision is final, and appellants cannot circumvent provisions restricting appeals on such matters.

Headnote:(A) Land Acquisition Act 1960 - Sections 38, 49(1), 40D - Court of Appeal dismissed the appellants' appeal against the compensation awarded under the LAA; appellants' claim that the entire land should be valued as a single entity and not in separate lots - Court found that the High Court had addressed the appellants' principal complaint regarding the valuation method and that the appeal was an attempt to circumvent provisions precluding the appeal on compensation matters. (Paras 10, 11, 16, 25)

(B) Civil Procedure - Leave to appeal - The court held that under s 49(1) of the LAA, there is no automatic right to appeal without leave against an award of compensation. (Paras 9, 12, 15)

(C) Legal Principle - The provisions of ss 40D and 49(1) of the LAA limit the right of appeal concerning compensation awarded, emphasizing that such decisions are final. (Paras 17, 19, 20)

(D)

Findings of Court:
The compensation awarded was final and the appeal was dismissed with costs. (Paras 25) (E)

Issues: The main issue was whether the appellants had the right to appeal against the compensation amount under LAA provisions. (Paras 10, 15) (F)

Ratio Decidendi: The court ruled that the LAA restricts the right to appeal against compensation awards, confirming that the appeal was essentially about the valuation method, not the compensation amount. (Paras 17, 25) (G)

Result: Appeal dismissed with costs.