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2011 MarsdenLR 266

FEDERAL COURT PUTRAJAYA
CALAMAS SDN BHD – Appellant
Versus
PENTADBIR TANAH BATANG PADANG – Respondent


Petitioner Advocates:Amarjeet Singh ,Respondent Advocate: Mohd Hamzah Ismail

Table of Content
1. facts regarding land acquisition and compensation. (Para 2)
2. inadequacy of quantum and non-compliance with legal provisions. (Para 3 , 4 , 10 , 11 , 12)
3. interpretation of land acquisition act provisions. (Para 5 , 6 , 7 , 8 , 9)
4. finality of the court's decisions and no further appeal. (Para 13 , 14 , 15 , 16 , 19 , 20)
5. discretion regarding costs in court decisions. (Para 21 , 22 , 23 , 24)
Hashim Yusoff FCJ:

[1] This is an appeal against the decision of the Court of Appeal which had dismissed the appellant's appeal against the High Court decision given on 14 February 2004. We reserved our judgment after hearing this appeal to be given at a later date. We do so now.

Facts

[2] The brief facts in this appeal as found in the grounds of judgment of the Court of Appeal (pp 13-14 appeal record Jilid 1) are as follows:-

A portion of the Appellant's land ie, 3.744 acres held under title No HS(D) 196, PT No 2355 Mukim Ulu Bernam Timur district of Batang Padang, Perak ("the scheduled land") was acquired. The said acquisition was made pursuant to s 8 of the Land Acquisition Act 1960 and gazetted on 6 July 2000.

The scheduled land is a freehold land comprising 18.9768 acres

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