Gill J:

These applications, which were heard together with the consent of the parties, are objections referred to this Court under s. 38 of the Land Acquisition Act, 1960 (hereinafter referred to as "the Act") against the award of compensation of the Collector of Land Revenue, Kuala Lumpur in respect of the compulsory acquisition by the Government of the State of Selangor of 22.763 acres (991,730 sq ft) of land (hereinafter referred to as "the land acquired") comprised in Certificates of Titles Nos 9784, 9786 (s 85A), 9785, 9787 (s 79), 10800, 10801 and 14401 (s 47) for Lots 1922, 1928, 1924, 1930, 17, 18 and 19 respectively in the township of Kuala Lumpur, of which the applicants were co-owners in undivided shares. The remaining co-owner was the applicant in Application No. 3 of 1965, which could not be heard together with these applications because he has since died.

The following facts are not in dispute. The land acquired consists of seven contiguous lots and is situated approximately two miles from the centre of Kuala Lumpur town on the north side of Jalan Pekeliling about 200 ft from its junction with Jalan Pahang to the east and about 350 yards from its junction with Jalan lpoh to the west, with a total frontage of approximately 1,420 ft along Jalan Pekeliling. On the west it is bounded by Sungei Gombak. Immediately at its rear on the north side are the Tuberculosis Hospital and Clinic and numerous squatters' huts which constitute Kampong Siam. Next to the hospital with road frontage on Jalan Pahang are Lots 29, 56 and 1, and almost directly opposite to Lot 29, across Jalan Pahang, is Lot 2285. To the south of the land acquired, across Jalan Pekeliling, are Lots 95, 96, 97, 98, 12 and 21. All this is shown in the plans which have been put in evidence and marked as P9 and D12.

On the material date the applicant in Civil Application No. 6 of 1965, AKACTV Alagappa Chettiar s/o Sithambaram Chettiar, was the owner of an undivided half-share of the land acquired. The other eight applicants, together with the applicant in Civil Application No. 3 of 1965, were the owners of various undivided shares in the land, making a total of an undivided half-share. Between them they purchased the undivided half-share from one Delivarayan Chettiar, the previous co-owner with Alagappa Chettiar, on 6 November 1963 at $2.20 per square foot.

A notification under s. 4 of the Land Acquisition Act, 1960 that the land was likely to be acquired was published in the Selangor Government Gazette on 4 June 1964. This was followed by a declaration of intended acquisition under s. 8 of the Act which was published in the Gazette on 8 October 1964. Notices on the parties as required by ss. 10 and 11 of the Act having been duly served, the collector held an enquiry into claims to compensation for all interests in the land acquired and on 17 December 1964 made an award of compensation at the rate of $3 per square foot. It is against that award that an objection by each applicant in respect of this undivided interest in the land acquired has been referred to this Court.

In his grounds for the award the collector has stated as follows:-

The lands to be acquired are not situated within the commercial centre of the town but in a comparatively poor residential section. As a whole they are irregular in shape and development would therefore entail considerable loss of land for a comprehensive road system which will be necessary. There are numerous squatters on the lots at the rear and north-west corner. A private developer would therefore have to spend considerable sum in any effort to evict these squatters. This tends to reduce the value of the lands.

An undivided share of the lands to be acquired was sold by Delivarayan Chettiar to the present nine co-owners at $2.20 cts per sq ft on 5 November 1963.

The lands to be acquired totalled 22.763 acres. Any prospective buyer of land of this size would inevitably expect a lower price than would be the cas