CAHAYA BARU DEVELOPMENT BHD vs LEMBAGA LEBUHRAYA MALAYSIA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2010 MarsdenLR 1827

FEDERAL COURT PUTRAJAYA
CAHAYA BARU DEVELOPMENT BHD – Appellant
Versus
LEMBAGA LEBUHRAYA MALAYSIA – Respondent

Petitioner Advocates:RR Sethu,JD Goonting ,Respondent Advocate: Ramesh Sanghvi

Table of Content
1. factual basis of land acquisition case. (Para 1 , 2)
2. dispute over status of 'person interested' under the act. (Para 3 , 4)
3. interpretation of statutory definitions and obligations. (Para 5 , 6 , 7 , 8)
4. implications of procedural compliance in land acquisition. (Para 10 , 11)
5. judicial interpretation of 'person interested' in acquisition cases. (Para 12 , 13 , 14 , 15)

Zulkefli Makinudin FCJ:

Introduction

[1] This is an appeal by the appellant against the decision of the Court of Appeal which allowed the respondent's appeal against the decision of the High Court at Johor Bahru. Before the High Court, the appellant was the plaintiff and the respondent was the defendant. We shall refer the parties as they were before the High Court.

Background Facts

[2] The relevant background facts leading to the present appeal by the plaintiff may be summarized as follows:-

(a) The plaintiff was the registered owner of the land held under PTD 171003 H.S.(M) 2996 Mukim Plentong, Daerah Johor Bahru, Negeri Johor ("the said land").

(b) The defendant is a corporate body incorporated under the Highway Authority Malaysia (Incorporation) Act 1980 ("HAMA 1980") and has a statutory obligat

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2010 MarsdenLR 1827

FEDERAL COURT PUTRAJAYACAHAYA BARU DEVELOPMENT BHD – AppellantVersusLEMBAGA LEBUHRAYA MALAYSIA – Respondent

Cases Referred (3)

FEDERAL COURT PUTRAJAYA
CAHAYA BARU DEVELOPMENT BHD – Appellant
Versus
LEMBAGA LEBUHRAYA MALAYSIA – Respondent