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2022 MarsdenLR 1625

COURT OF APPEAL PUTRAJAYA
LEMBAGA LEBUHRAYA MALAYSIA – Appellant
Versus
SIME DARBY PLANTATION BERHAD & ORS – Respondent


Petitioner Advocates:Koh Yew Chong,Justin Leong Chee C'Jun,Chong Kar Man ,Respondent Advocate: Kok Su Ann,Raneesha Thayalan,Isabella Cheah Chooi Mun

JUDGMENT

S Nantha Balan JCA:

[1] This is an appeal by Lembaga Lebuhraya Malaysia ("LLM") against the whole of the decision of the learned Judicial Commissioner ("JC") given on 18 March 2021 in a land reference comprising several cases which were consolidated pursuant to an Order dated 18 December 2019 made in Shah Alam High Court Land Reference No: BA-15-26-02-2019.

[2] The 1st and the 2nd Respondents are the landowners ("Landowners"). The 3rd respondent is the Land Administrator. The Landowners owned 10 parcels of land ("Subject Lots") with a combined land area of 12,671,250.93 sq.m. The Subject Lots were contiguous to each other and were used as oil palm plantations. Part of the Subject Lots were acquired by LLM for a Highway Project known as "Projek Lebuhraya Persisiran Pantai Barat (LPB) dari Persimpangan Assam Jawa-Persimpangan Tanjung Karang, Pakej 7 (Part 1), Daerah Kuala Selangor, Selangor" via Selangor Government Gazette No: 4809 dated 9 December 2016 ("Highway").

[3] The land area that was acquired was 626,794.06 sqm or 4.9% of the total land area. As a result of the acquisition of part of the Subject Lots, the remaining lots were separated into two (Portion A and Portion B)

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