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 which forms part of the Perhentian Tinggi Estate in Negeri Sembilan.

[6] On or about 7 June 2002, the Manager of Perhentian Tinggi Estate had received a Form E (Intended Acquisition: Notice Of Enquiry) dated 6 June 2002 from the respondent. According to the form E, the proposed acquisition was for 8.094 hectares of the total size of the lot which is 71.530 hectares.

[7] As a result of the enquiry held on 3 July 2002, the respondent had issued Form H - (Notice of Award and Offer of Compensation) dated 4 July 2002 wherein the appellant was awarded compensation amounting to RM898,500.

[8] The appellant received the offer under protest. The Manager of Perhentian Tinggi Estate had also informed the respondent that the appellant objected to the compensation offer.

[9] Subsequently vide letter dated 6 August 2002, the respondent had forwarded to the appellant Form N - (An application for an objection to be referred to court) to be filled up and returned to the respondent with a deposit of RM3,000.

[10] The respondent did not at any time inform the appellant that Form N was to be returned to the respondent within six weeks from the date of the award.

[11] The appellant had appointed Messrs. Khong and Jaafar to prepare a valuation report on part of Lot 1322 which was subject to the acquisition exercise.

[12] Based on the valuation report by Messrs. Khong and Jaafar the reasonable compensation award would be RM2,139,302.

[13] There is a difference of RM1,240,802 between the amount of compensation awarded by the respondent (ie, RM898,500) and the amount valued by Messrs. Khong and Jaafar (ie, RM2,139,302).

[14] In mid December 2002, upon consultation with the appellant's solicitors Messrs. Presgrave and Matthews the appellant was advised that s. 38 of the Act requires Form N to be forwarded to the respondent within six weeks from the date of the respondent's award together with the deposit of RM3,000.

[15] Realising they were out of time the appellant then filed an application (dated 6 January 2003) at the Seremban High Court for an enlargement of time of two weeks from the date of the order to be given for the appellant to file Form N pursuant to s. 38(1) of the Act.

The High Court

[16] Before the High Court the grounds proferred by the appellant supporting the application are simply these:

(i) The appellant at the enquiry held by the Land Administrator had already made it known that the offer was unacceptable;

(ii) The appellant was not informed by the respondent of the time frame for them to refer their objection to the court;

(iii) The valuation report on the said land was only ready on 18 September 2002; and

(iv) The delay in filing Form N was inadvertent.

[17] Having heard arguments by learned counsel from both parties and considered the relevant law, th