Azmel Maamor J:

This is an application by the intended intervener, Muthu a/l Murugiah, to be included as a party to this action (encl. 56). The 1st and 2nd applicants as well as the respondent opposed this application.

The brief facts that led the intended intervener to make this application are as follows. The 1st applicant and his brother Sivapathy were not very satisfied with the amount of award received by them in respect of the compensation for the acquisition of their lands, namely, Lots PT3717, PT 3718 and PT 3719. The 1st applicant was only awarded RM85 per sq. ft. whereas the market value of property in the area was found to be RM200 per sq. ft. As such the two brothers appointed the intended intervener to do the necessary with a view to obtaining a bigger amount of compensation for the acquisition. The intended intervener informed the 1st applicant that he could make a case for further compensation on the following grounds:

(i) Revaluation upwards of the RM85.00 per square foot originally mistakenly agreed to;

(ii) Compensation for injurious affection;

(iii) Compensation of the surrendered land, which was overlooked as a result of the issuing of new titles in acc