Zulkefli Makinudin JCA:

[1] This is an appeal by the applicant from the decision of the High Court at Alor Setar pursuant to a reference under s. 36(1) of the Land Acquisition Act 1960 ("the Act"). The learned judge of the High Court had dismissed the applicant's claim for damage sustained or likely to be sustained due to severance and/or injurious affection to the remainder of the land Lots No. 88 and 243, Mukim of Tawar, District of Baling, State of Kedah Darul Aman belonging to the applicant.

[2] The declaration of intended acquisition of the scheduled lands under s. 8 of the Act was published in the Government of Kedah Darul Aman Gazette on 8 December 1994 under Gazette Notification No. 760. The material date for the purposes of determining the market value is thus 8 December 1994. The purpose of the acquisition as stated in the said Gazette Notification is as follows:

Tujuan Awam iaitu Cadangan Pengambilan Balik Tanah untuk Projek Jalan Raya Timur-Barat Fasa II Pakej V - Titi Karangan Ke Kampong Kangar, Negeri Kedah Darul Aman.

The particulars of the property scheduled for acquisition are as shown below:

Lot No. Title Original Area Area to be acquired

Acre Rood Pole