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2010 MarsdenLR 2516

COURT OF APPEAL PUTRAJAYA
SISTEM LINGKARAN LEBUHRAYA KAJANG SDN BHD – Appellant
Versus
INCH KENNETH KAJANG RUBBER LTD & ANOR & OTHER APPEALS – Respondent


KN Segara JCA:

[1] All three appeals were heard together before us, as the issue in all the three appeals centered on the application by the appellant made by three identical summons in chambers to intervene and be made a co-respondent in the respective three Land Reference cases at the High Court, Shah Alam.

[2] The proposed intervener in the three Land Reference cases is Sistem Lingkaran Lebuhraya Kajang Sdn Bhd ("SILK"). It is the concessionaire appointed by the Government of Malaysia to undertake the construction of Lebuhraya Penyuaraian Trafik Jalan Lingkaran Kajang ("SILK Highway") pursuant to a Privatisation Agreement dated 8 October 1997 and Supplementary Privatisation Agreement dated 1 August 2001.

[3]Vide Selangor State Government Gazette No 1862 dated 24 October 2002 the "scheduled lands" were acquired under the Land Acquisition Act 1960 ('LAA 1960') for the SILK Highway. Lembaga Lebuhraya Malaysia (LLM) is the corporation or body on whose behalf the acquisition proceedings under s 3 1960 was undertaken by the State Authority. There is no dispute that the lands which were acquired for the Highway are now owned and vested in the name of LLM.

[4] The LAA 1960 is a special Act

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