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1995 MarsdenLR 372

COURT OF APPEAL KUALA LUMPUR
MENTERI BESAR NEGERI SEMBILAN (PEMERBADANAN) – Appellant
Versus
PENTADBIR TANAH DAERAH SEREMBAN & ANOR – Respondent


Petitioner Advocates:Joseph Yeo,TC Tan ,Respondent Advocate: Abdul Aziz Abdul Rahim

JUDGMENT

Abdul Malek Ahmad J:

[1] As correctly stated by the learned trial Judge in his grounds of judgment, the issue for determination is whether the petitioner, now the appellant, is a person interested in the scheduled land under the Land Acquisition Act 1960 (herein after "the Act") and thereby may make an objection to the Collector and require him to refer to the Court as regards the amount of compensation which the appellant alleges is excessive.

[2] The registered proprietor of the scheduled land had applied to intervene and with no objection from the parties, had been named the second respondent. They had also cross-appealed for an order that the first respondent pay the remaining twenty five per cent of the award of RM19,735,280 namely RM4,933,820, not RM4,933,748 as stated in their cross-appeal, to them together with interest effective from the date the amount was due to be paid.

[3] The valuation report describes the scheduled land as a piece of land 232 hectares in area planted with oil palm and rubber trees situated 33 kilometres from Seremban, 20.5 kilometres from the proposed international airport at Sepang and 9 to 12 kilometres from Nilai town and Nilai Industrial Par

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