Mary Lim Thiam Suan FCJ:

[1] This appeal brings to sharp focus, once again, the meaning, intent and ambit of s 49 of the Land Acquisition Act 1960 (Act 486), in particular the proviso to s 49(1), whether the appeal to the Court of Appeal and thence to this Court, is barred by reason of the proviso. This issue was raised as a threshold issue at the Court of Appeal which went on to rule in the negative before deciding the appeal on its merits. This threshold issue forms the core issue in this appeal.

Facts

[2] The salient facts are gathered from the respective grounds of judgment of the High Court and Court of Appeal.

[3] According to the High Court, the respondent had invoked s 38(1) of the Land Acquisition Act 1960 (Act 486) after it found itself dissatisfied with the amount of compensation awarded by the Land Administrator for the acquisition of its land known as Lot 46200 GRN 460222, Mukim Johor Bahru, Daerah Johor Bahru (scheduled land). The scheduled land measuring some 4,464 square metres in area was acquired for the purpose of "Pembinaan Loji Rawatan Air Kumbahan di Hulu Sungai Segget di Mukim Bandar Johor Bahru Daerah Johor Bahru untuk Jabatan Perdana Menteri di bawa