Lee Hun Hoe J:

This is a consolidated hearing of four objections against the awards of the Superintendent of Lands and Surveys, Third Div in respect of five lots of land compulsorily acquired by the Government of Sarawak. All five lots are situated at Mission Road, Sibu and three of which fronting Mission Road. Across the road opposite to these lots is a large piece of land owned by the Roman Catholic Mission. On this land can be seen the Catholic Mission School and the Convent. On the same side as the five lots at the extreme end nearer the bridge leading to Channel Road is another piece of land owned by the Roman Catholic Mission with buildings on the land. Behind this mission land and other lots of land, such as Lease 57034, Lease 44180 and Lease 45263 is the Loba Lembangan, an irregular creek which meanders from its mouth near the launches' wharves towards the north. A bridge over the Loba provides a passage from the wharves to Channel Road. Another bridge over the Loba provides a passage from Mission Road to Channel Road.

A notification under s. 47 of the Land Code indicating that 44 lots of land situated at Loba Lembangan, Sibu were likely to be needed for development of Sibu Town was published in the Sarawak Government Gazette 18 May 1962. Subsequently a declaration under s. 48 of the Land Code was published in the said Gazette indicating that only 42 lots of land situated at Loba Lembangan were needed "for the development of Sibu Town and other purposes reasonably necessary for such development, including the provision of residential accommodation, open spaces and amenities." Pursuant to s. 49 of the Land Code the Superintendent duly caused notices to be served on the registered proprietors of the 42 lots of land. The objectors were among those served and they submitted written statements putting forward their claims to compensation.

An inquiry under s. 51 of the Land Code was conducted by the Superintendent. On 5 November 1964 he made his awards. For convenience his awards and brief particulars of the land of the four objectors are set out as follows:-

Description of land Area Amount Awarded OT 20883 (hereinafter referred 022 acre $26,400.00 to as Lot I) Grant 121-F (hereinafter referred 036 acre $41,500.00 to as, Lot II) Lease 44180 (hereinafter referred 057 acre $36,000.00 to as Lot Ill) Lease 57034 (hereinafter referred 0402 acre $53,400.00 to Lot IV) Lease 57035 (hereinafter referred 0272 acre $51,600.00 to as Lot V)

Pursuant to s. 56 of the Land Code those objectors submitted written applications to the Superintendent requesting him to refer the matters for the determination of this Court. On 12 January 1966 the Superintendent referred the matters under s. 57 of the Land Code to this Court. In respect of each objection he submitted a statutory statement. In each case he stated that the amount of compensation was determined by evidence submitted by the Government valuer and the solicitors for the owner or owners and the evidence of value gained in conducting prior negotiations with the owner or owners. This sort of generalisation does not assist the Court very much particularly when his final award in each case shows that he gave a very small margin above the figure given by the Government valuer. The Superintendent did not say so but in all cases it would seem that he relied to a large extent on the Government valuer's figures as the basis of his awards.

Mr. Seah appeared for the objectors to Lot I and Lot II. Mr. Yong appeared for objectors to Lot III, Lot IV and Lot V. The last two lots represent one objection. Mr. Abernethy appeared for the Superintendent in all cases. Pursuant to s. 59 (1) of the Land Code the Court appointed Mr. Ong Yen Jin and Mr. Ting Lieng Poh as assessors. Mr. Ong had previously sat as assessor in such a reference. Mr. Ting was a former Assistant Registrar of this Court. The provisions of ss. 60, 61 and 62 were read and explained to them. At their request copies of the said