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2019 MarsdenLR 1431

COURT OF APPEAL PUTRAJAYA
AMITABHA GUHA & ANOR – Appellant
Versus
PENTADBIR TANAH DAERAH HULU LANGAT – Respondent


Petitioner Advocates:Ambiga Sreenevasan,Shireen Selvaratnam,Heng Yee Keat,Lim Wei Jie ,Respondent Advocate: Siti Fatimah Talib,Etty Eliany Tesno

Judgement Key Points

Grounds of Appeal:

  1. The learned trial judge erred in law and in fact in holding that acquisition comparables could be used as a suitable method of valuation for assessing market value under para 1(1A) of the First Schedule to the Land Acquisition Act 1960, and further erred in preferring a sale comparable endorsed by both assessors without sufficient justification for rejecting other comparables. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)

  2. The learned trial judge erred in law and in fact in holding that the misdescription of the acquired land's category of use (as "general" instead of "Bangunan/Perniagaan") did not vitiate the market value assessment, notwithstanding that such error affected the assessors' valuations and the judge's adoption of the adjusted value. (!) (!) (!) (!) (!)

  3. The learned trial judge erred in law and in fact in refusing compensation for injurious affection under para 2(d) of the First Schedule to the Land Acquisition Act 1960 in respect of contiguous lots not compulsorily acquired, as the construction of the slip road did not adequately mitigate the loss of access via the acquired land and evidence showed diminution in value. (!) (!) (!) (!) (!) (!) (!) (!)

  4. The learned trial judge erred in law in holding that "taking possession of the land" under ss 32(1C) and 48 of the Land Acquisition Act 1960 refers only to physical possession by the Land Administrator under s 18 or via Certificate of Urgency under s 19, thereby excluding pre-award entry and possession by the acquiring authority's contractor which effectively deprived the owner of possession. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)


Table of Content
1. compensation determination for acquired land must account for the correct valuation methods. (Para 1 , 2 , 12 , 13)
2. questions regarding possession and assessment procedures are critical in compensation disputes. (Para 14 , 54 , 61)
3. injurious affection claims must be substantiated by evidence. (Para 37 , 44)

[1] This is an appeal under the Land Acquisition Act 1960 [" LAA "] by the appellants against the decision of the learned High Court Judge, given on 16 March 2018, in awarding an additional sum of RM1,703,566.92 in respect of the Acquired Lands.

[2] The appellants were the registered proprietors of the properties comprising two contiguous parcels of land identified as Lot 719 and Lot 1286, both in Mukim of Kajang, District of Hulu Langat, Selangor ["Subject Properties"]. A portion of Lot 719 and Lot 1286 ["Acquired Lands"] had been acquired by the respondent for the construction of Sistem Lingkaran Lebuhraya Kajang ["SILK Highway"].

[3] The appellants were also the registered proprietors of four contiguous lots, namely, Lot 716, 717, 718 and 1285, all in Mukim of Kajang, District of Hulu Langat, Selangor, adjoining the Subject Properties ["Four Contiguous L

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