Lee Hun Hoe CJ (Borneo):

[1] This appeal is against the decision of Harun J in striking out an application for an order of mandamus.

[2] Semantan Estate [1952] Sdn Bhd, the appellant, is a company incorporated in Malaysia in 1952 under the Companies Ordinance 1940 and has been carrying on the business of planters, cultivators, growers, exporters of and in rubber and other crops. It was in possession of over 700 acres of land held under CT 12530 Lot 4647. The Selangor government decided to acquire considerable acreage of land in the vicinity. So, pursuant to s 4(i) of the Land Acquisition Enactment (Cap 140) (hereinafter called "the Enactment") the Selangor government published notification 401 in the Selangor government gazette on 26 July 1956. This was followed by the declaration under s 6(i) of "the Enactment" and published as notification 577 in the said gazette on 25 October 1956. Hearing was fixed on 20 November 1956. At the hearing the appellant was given a plan showing the boundaries of the areas to be acquired amounting to 250 acres. The appellant raised various objections and at the appellant's request hearing was postponed to 27 November 1956. The appellant asked fo