Siti Norma Yaakob FCJ:

At the outset of this appeal a preliminary point was raised by Dato' Alizatul Khair bt Osman Khairuddin, State Legal Adviser, for the respondent, that the consent order of this court dated 18 October 2000, granting leave to the appellant to file this appeal out of time, does not reflect the true status and nature of the proceedings as it failed to include some other pertinent order as well. To understand and appreciate that point it is necessary that we trace the steps how this appeal, a land acquisition matter, came to be before this court.

The starting point is 11 October 1990, as on that date six pieces of agricultural land belonging to the appellant were gazetted for the purpose of compulsory acquisition under the Land Acquisition Act 1960, ("the Act").

On 16 April 1992, the respondent held an inquiry under s. 12 of the Act and on 7 September 1992, a sum of RM53,197,974 or RM8,167 per acre was awarded as compensation for the total area of 5260 acres acquired. The appellant objected to the award and the respondent referred the matter to the Penang High Court as Land Reference No. 15-1-1993.

Abdul Hamid Mohamad, J (as he then was) heard the referen