A non-party may intervene in legal proceedings if their rights and financial interests are directly affected, ensuring justice and the opportunity to be heard.

JUDGMENT

Faizah Jamaludin J:

Introduction

[1] This is an application by the proposed intervener, PETRONAS Gas Berhad ("PGB") in a Notice of Motion dated 17 May 2024 (Enclosure 37),to intervene in this present appeal (Civil Appeal No B-01(1M)-67-02/2023) by Tenaga Nasional Berhad ("TNB") against the decision of the Shah Alam High Court dated 12 January 2023 ("TNB Appeal").

[2] The parties in this TNB Appeal are the appellant, TNB (the paymaster), the 1st respondent, Sime Darby Plantation Berhad ("SDPB") (the landowner), and the 2nd respondent, Pentadbir Tanah Daerah Klang (the Land Administrator).

[3] In its Notice of Motion, PGB sought, inter alia, to intervene and be added as an Intervener in this TNB Appeal. The appellant supported PGB's application. Whereas the 1st respondent opposed it.

[4] After reading the affidavits filed by PGB and SDPB and hearing the submissions of counsel, this Court at the hearing of encl 37 on 24 May 2024 allowed PGB's application to intervene. We ordered that PGB be added as an Intervener in this TNB Appeal. We also ordered that this TNB Appeal be heard and disposed by the same Court of Appeal panel as that hearing the SDPPSB Appeals (defined below).

[5] The full reasons for our decision are set out in this Judgment.

Background Facts

[6] To understand the reason for PGB's application to intervene in this TNB Appeal, one must look at the facts relating to the SDPB Land Reference Proceedings and the SDPPSB Land Reference Proceedings (both defined below) at the Shah Alam High Court and the appeals in this Court - in the TNB Appeal and the SDPPSB Appeals, respectively.

[7] The Shah Alam High Court had given two contradictory decisions in relation to a paymaster's application to intervene in land reference proceedings. It dismissed TNB's application to intervene in the SDPB Land Reference Proceedings. However, it allowed PGB's application to intervene in the SDPPSB Land Reference Proceedings. Both TNB and PGB are paymasters in the respective land acquisitions.

(i) SDPB Land Reference Proceedings And TNB Appeal

[8] This TNB Appeal is an appeal by TNB against the decision of the learned Judge dismissing its application to intervene in a land reference proceedings at the Shah Alam High Court (Land Reference No BA-15-3-01/2020) ("SDPB Land Reference Proceedings") brought by SDPB against the compensation awarded by the Land Administrator for the acquisition of the SDPB scheduled lands (defined below) under the Land Acquisition Act 1960 (" LAA 1960").

[9] SDPB is the owner of the lands held under Lot 5495, Geran No 47151, and Lot 3657, Geran No 44392, both in Mukim Kapar, Daerah Klang, Selangor (collectively referred to as the "SDPB scheduled lands").

[10] The SDPB scheduled lands were acquired by the State Authority pursuant to s 3(1)(b) of the LAA 1960 for the purpose of TNB's 132kv transmission line from PMU Port Klang to PMU Kuala Selangor.

Section 3 (1)(b) of the LAA 1960 states:

3. Acquisition of Land

(1) The State Authority may acquire any land which is needed:

(b) by any person or corporation for any purpose which in the opinion of the State Authority is beneficial to the economic development of Malaysia or any part thereof or to the public generally or any class of the public;

[11] After an enquiry before him, the Land Administrator awarded SDPB the sum of RM1,149,480.00 as full compensation for the acquisition of the SDPB scheduled lands.

[12] TNB as the corporation for which the SDPB scheduled lands were acquired by the State Authority is the "paymaster": it is responsible to pay the compensation awarded to SDPB for the acquisition of the SDPB scheduled lands.

[13] SDPB, dissatisfied with the amount of compensation awarded by the Land Administrator, filed a Form N for the Land Administrator to refer its objection to the High Court for determination. TNB did not file a Form N as it did not object to the amount of compensation awarded by the Land Administrator to SDPB.

[14] The Land Administrator r