The decision of the State Authority is final and cannot be revised once made, affirming the principle of finality in administrative decisions.

[1] This is a unanimous decision and this judgment is prepared and delivered pursuant to s 78(1) of the Courts of Judicature Act 1964 , as our learned brother, Justice Abdull Hamid Embong FCJ has since retired.

Questions Of Law

[2] The appellant/applicant was granted leave to appeal to this court on 8 October 2014 on the following questions of law:

(i) Whether the word 'final' in s 16(2) of the Electricity Supply Act 1990 prevents the State Authority from reconsidering, reviewing or revising its earlier decision?

(ii) Whether the word 'final' in s 16(2) applies appropriately only to the party dissatisfied and not the decision-maker?

(iii) Whether it is permissible in law for the State Authority to revise its award on compensation after the same had been duly implemented in that the compensation sum stated therein had been duly paid to the landowner? and

(iv) Whether it is open for the State Authority to set aside a revised award that has already been implemented in the absence of any challenge from the landowner to the revised award or without affording an opportunity to the appellant ("TNB") to address it on its intended action?

Introduction

[3] At the High court, the learned High court Judge allowed the appellant's application for an order of certiorari to quash the decision of the District Land Administrator Johor Bahru contained in a letter dated 23 November 2010, which had, inter alia, ordered or directed the appellant to pay the respondent the compensation sum of RM34,522,099.00. On appeal, the court of Appeal allowed the respondent's appeal and set aside the order of the High court and hence, the appeal herein.

Facts

[4] The respondent was the owner of 26 parcels of land in Johor ("the said lots"). In 1996, the appellant (TNB) proposed a project known as "Projek Talian Penghantaran Elektrik dari PMU Gelang Patah Ke PMU Perling (2 rantai) dan dari PMU Gelang Patah ke PMU Tg Kupang (3 rantai), Johor". The project involved the appellant entering into, inter alia, the said lots and erecting transmission towers and leading cables through it under the Electricity Supply Act 1990 ("the Act").

[5] Pursuant to an enquiry held under s 16(1) of the Act, the District Land Administrator on 17 October 1995 and 17 June 1997 assessed the compensation to be paid by the appellant to the respondent at RM11,426,555.70 ("the District Land Administrator's award").

[6] Aggrieved by the District Land Administrator's award, the respondent appealed to the State Authority under s 16(2) of the Act.

[7] The appellant was informed of the respondent's appeal by the District Land Administrator's letter dated 8 January 2001. In the same letter, the appellant was also invited to put forward evidence and/or a valuation for consideration in the respondent's appeal to the State Authority.

Decision Of The State Authority

The First Decision

[8] Following the respondent's appeal, the State Authority acceded to the appeal of the respondent and increased the District Land Administrator's award from RM11.4 million to RM34,522,099.00. This decision of the State Authority dated 6 February 2002 is hereafter referred to as the first decision.

The Second Decision

[9] The appellant being dissatisfied with the first decision, wrote to the Menteri Besar (by letter dated 14 August 2002), asking for a revision of the same.

[10] The State Authority acceded to the appellant's request and thereafter, it revised the award made in the first decision.

[11] It reverted to the District Land Administrator's original award of RM11.4m but increased it by 30% more. This revised award is now referred to as the "second decision".

[12] The appellant was informe