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2018 MarsdenLR 430

FEDERAL COURT PUTRAJAYA
KERAJAAN MALAYSIA – Appellant
Versus
SEMANTAN ESTATES (1952) SDN BHD – Respondent


Petitioner Advocates:Mohamed Apandi Ali,Zauyah Be T Loth Khan,Amarjeet Singh Serjit Singh,Alice Loke Yee Ching,Zureen Elina Mohd Dom ,Respondent Advocate: Cyrus Das,Ira Biswasn,Janet Chai Pei Ying,Tan Hwee Yee & Carole Ngu

Table of Content
1. historical land ownership and acquisition process. (Para 1 , 5 , 7)
2. the acquisition process is deemed unlawful due to procedural irregularities. (Para 3 , 4 , 6 , 9)
3. notice of government acquisition and compensation procedures. (Para 8)
4. valid compensation claims require adherence to prescribed statutory procedures. (Para 10 , 11 , 12 , 17)
5. parties cannot waive statutes concerning jurisdiction or procedural irregularities. (Para 19 , 21)
6. legal challenges arising from irregularities in land acquisition. (Para 20 , 22)
7. the ruling highlights the need for lawful compensation and acquisition processes. (Para 37 , 38 , 39 , 43)
8. jurisdictional issues surrounding review of land acquisition decisions. (Para 44 , 46)
9. a review application based on prior judgments not presenting new grounds is dismissed. (Para 60)

[1] This judgment is prepared pursuant to s 78(1) of the Courts of Judicature Act 1964 , as our learned brother, Justice Prasad Sandosham Abraham, FCJ had since retired.

[2] For convenience, the parties will be referred to as they were in the High Court. The applicant will be referred to as the defendant and the respondent will be referred to as the

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