[1] The background facts, which are not in dispute, are briefly as follows. The declaration of intended acquisition of the scheduled land was published in the Government Gazette of the State of Pulau Pinang dated 24 September 1992. The declared purpose of the acquisition is "Tujuan Awam". The land is held under Lot NO 2020, MK6, Daerah Seberang Perai Utara, comprising an area of 137.41163 hectares ("the scheduled land"). The area to be acquired is 130.122 hectares. The scheduled land is an agricultural holding under oil palm cultivation located in Pongsu Seribu which is essentially an agricultural area, with a variety of holdings ranging from large estates to small holding. The main cultivation being oil palm and rubber. Other forms of development in or near the vicinity of the scheduled land include housing schemes, Sekolah Menengah Kebangsaan Ugama Al-Irshad, and Jabatan Perkhidmatan Haiwan. In terms of location, it is about 4.8 km in distance from both Kepala Batas and Tasek Gelugor and 18.5 km from Butterworth town. The scheduled land is a second layer land fronting an unsurfaced road, which joins Jalan Pongsu Seribu. Basic amenities like water suppl