Back
2011 MarsdenLR 520
HIGH COURT, KUALA LUMPUR
LE HAZEN RESOURCES SDN BHD – Appellant
Versus
LAND ADMINISTRATOR OF FEDERAL TERRITORY KUALA LUMPUR – Respondent
[Land Reference No: S-15-36-2010]
The determination of compensation for compulsory land acquisition is final, with no grounds for appeal regarding the assessment of compensation based on statutory provisions.
Headnote:(A) Land Acquisition Act 1960 - Section 37(1) - Issues concerning land size and compensation value in the context of compulsory acquisition - The Applicant contended that the land acquired was larger than represented and sought adjustment in compensation reflecting true market value. The Court concluded the acquired area was correctly stated as 59,037.00 square meters. Additionally, the Applicant's claims regarding land use classification were adjudicated referencing Section 51 and Section 53(2) of the National Land Code 1965. (Paras 1, 11, 31)
(B) Compensation determination - The principles guiding the assessment of fair and reasonable compensation were evaluated, reaffirming the necessity for valuation based on statutory criteria and previous entitlements. (Paras 26, 30)
Facts of the case:
The case centers on the objection raised by the Applicant against the Respondent’s compensation award for the compulsory acquisition of a specified area intended for light rail transit construction. Key objections included the actual size of the land acquired and the inadequacy of compensation.
Findings of Court:
The Court upheld the compensation rate of RM660.00 per square meter for the validated area of 59037.00 square meters, determining it was reasonable and legally sound.
Issues: The principal issues addressed include the accurate determination of the land size acquired and the classification of land use for compensation valuation.
Ratio Decidendi: The Court found no basis to alter the Respondent’s determined area of acquisition and reaffirmed that the categorized land use was correctly applied under relevant statutory provisions, thus the compensation was upheld as proper.
Result: The appeal was dismissed, maintaining the original compensation award.
| Table of Content |
|---|
| 1. grounds of objection regarding land acquisition. (Para 1 , 1 , 2 , 3 , 4) |
| 2. finality of court's decisions on compensation. (Para 5 , 6 , 7) |
1. This is a Land Reference pursuant to section 37(1) of the Land Acquisition Act 1960 (the "Act") that arose from an objection filed by the landowner against the Award of the Respondent in respect of the compulsory acquisition of a total area of 59037.00 square meter of Lot No. 5368 (Lot Baru 38568) held under Geran 256 Mukim Petaling, Daerah Kuala Lumpur, Federal Territory of Kuala Lumpur for the purposes of "Projek Laluan Sambungan Sistem Transit Aliran Ringan (LRT) Laluan &ang Dari Sri Petaling Ke Putra Height)" (the Land).
THE DOCUMENTS
2. For the purpose of this Land Reference the following documents are relevant and were referred to:
1. The Land Reference-Enclosure 1
2. Private Valuer's Reports-Document "A"
3. Private Valuer's Rebuttal-Document "B"
4. Common Plan-Document "C"
5. Affidavit of Yeo Seow Chung-Document "D"
6. Government Valuer's Report-Document "E"
7. Government Valuer's Rebuttal-Document "F"
THE OBJECTION
3. In its Form N filed herein (page 114-116 of Enclosure 1) the Applicant had stated four grounds of objection as follows:
a. Size of the land
The size of the Land that was acquired was 66,270.00 square meters and not 59,037.00 square meters. Therefore the Applicant ought to have been compensated for the land area of 66,270.00 sq meters and not 59,037.00 sq meters.
