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2020 MarsdenLR 1973

COURT OF APPEAL PUTRAJAYA
JH CAPITAL SERVICES SDN BHD – Appellant
Versus
PENTADBIR TANAH DAERAH PETALING – Respondent


Petitioner Advocates:Manpal Singh Sachdev,Tan Weng Hung ,Respondent Advocate: Etty Eliany Tesno

JUDGMENT

Kamardin Hashim JCA:

Introduction

[1] This is an appeal in respect of a land reference under s 37 of the Land Acquisition Act 1960 ('the Act') heard and decided by the learned High Court Judge at Shah Alam, Selangor vide Land Reference No: BA-15-194-06/2018 on 23 February 2019. The appellant was not satisfied with the award given by the Land Administrator and has accepted the award under protest.

[2] At the High Court, the award was increased by the learned High Court Judge sitting with two Assessors. Dissatisfied with the decisions of the High Court, the appellant appealed to this Court.

[3] We heard the appeal and after hearing the parties, we dismissed it with costs. We now give our reasons.

Brief Facts

[4] The appellant was the registered proprietor of a piece of land held under HS (D) 102165, PT 15978 (Lot 52777), Mukim of Damansara, District of Petaling, Selangor Darul Ehsan ('the said Land'). The said Land was located in an area known as the Glenmarie Industrial Park, situated at the junction between Persiaran Kerjaya and Jalan Kerjaya.

[5] The said Land has an area of about 2,628 square meters or 28,288 square foot with a freehold title catagorised as commercial building


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