Alauddin Mohd Sheriff CJ (Malaya):

Introduction

[1] This is an appeal against the decision of the Court of Appeal dated 23 January 2007.

[2] The Court of Appeal dismissed the appellant's appeal against the decision of the Seremban High Court (in originating motion No. 25-2-2003) which refused to grant an enlargement of time under s. 38(4) of the Land Acquisition Act 1960 ('the Act') to enable the appellant to file an objection under Form N pursuant to s. 38(1) of the Act.

[3] On 16 July 2007 the appellant obtained leave to appeal from the Federal Court on the following question:

Whether the non-compliance of the statutory requirements under the Land Acquisition Act 1960 ('the Act') in particular, paragraph 1(1)(b) and paragraph 2(d) of the First Schedule of the Act and Article 13(1) of the Federal Constitution by the Land Administrator, in making the award under section 14 of the Act, amounts to special circumstances under section 38(4) of the Act.

Background Facts

[4] The appellant is the registered proprietor of Lot 1322, Mukim Pedas, Daerah Rembau, Negeri Sembilan Darul Khusus held under Certificate of Title No. 428.

[5] Lot 1322 constitutes part of the appellant's land