HARTAWAN DEVELOPMENT SDN BHD vs PENTADBIR TANAH DAERAH MELAKA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 MarsdenLR 2152

COURT OF APPEAL PUTRAJAYA
HARTAWAN DEVELOPMENT SDN BHD – Appellant
Versus
PENTADBIR TANAH DAERAH MELAKA – Respondent

Table of Content
1. summary of case facts regarding land acquisition. (Para 1 , 3 , 4 , 5 , 6)
2. background on land acquisition and initial compensation. (Para 7)
3. judicial role and decision-making in compensation claims. (Para 8 , 11)
4. preliminary objection and arguments regarding appeal. (Para 12)
5. jurisdictional objections raised against the appeal. (Para 13)

The Antecedent

[1] This was an appeal by the appellant against the decision of the learned Judicial Commissioner ("JC") in respect of a land acquisition matter. On 21 December 2015, the learned JC, aided by two assessors, made the following award:

[2] The learned JC also ordered that interest of 8% per annum be paid on the additional compensation sum awarded pursuant to s 48 of the Land Acquisition Act 1960 ("the Act").

[3] Being dissatisfied with the decision, the appellant has now appealed to this COURT.

Background Facts

[4] The background facts of the case may be shortly stated as follows. The appellants land, described as GM17277, Lot 701, Mukim Paya Rumput, District of Melaka Tengah, Melaka, was subjected to acquisition under the Act for the purpose of "Tapak Pencawang Masuk Utama".

[5] The said land was gazetted for acqu

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2016 MarsdenLR 2152

COURT OF APPEAL PUTRAJAYAHARTAWAN DEVELOPMENT SDN BHD – AppellantVersusPENTADBIR TANAH DAERAH MELAKA – Respondent

COURT OF APPEAL PUTRAJAYA
HARTAWAN DEVELOPMENT SDN BHD – Appellant
Versus
PENTADBIR TANAH DAERAH MELAKA – Respondent