JUDGMENT

Choo Kah Sing JCA:

Introduction

[1] This appeal is in relation to a land reference proceeding at the High Court of Shah Alam via proceeding No 15-99-09-2012. The appellant, Orchard Circle Sdn Bhd who was the landowner, was not satisfied with one part of the decision of the High Court to maintain the nominal award granted by the Land Administrator be maintained. Therefore, the appellant filed this appeal.

[2] Before this Court, the appellant's counsel raised one pertinent question of law for determination - whether a total of 17,284.67m² (the impugned land) out of 19,123.77m² of the subject land for acquisition, namely Lot 2630 and Lot 8630 (the subject land), had or had not been surrendered to the state authority according to the National Land Code ( NLC ) under Part Twelve - Surrender of Title as at 20 December 2001.

[3] The outcome of the finding to the question of law would determine whether the appellant had been deprived of its right for the impugned land to be properly valued in an assessment exercise at the land inquiry before the Land Administrator.

Salient Facts

[4] The learned High Court Judge in her judgment has set out the history of the case leading to the land ref