(delivering the judgment of the Court): Lot 412, Certificate of Title No. 13287, Town of Kuala Lumpur, is a large piece of land of approximately 1.994 acres in Kampong Bahru, upon which stood a large two-storey house No. 175, Jalan Raja Muda.

To change the course of the Sungai Benus which passed through Kampong Bahru, Government acquired part of it under the Land Acquisition Act, 1960 ("the Act"). Government acquired an area of 15,540 square feet, which has accordingly been excised; and a further area of 4,005 square feet not acquired was severed from the rest of the land. As a result of river deviation work done on behalf of Government after the acquisition, the house was badly damaged and required extensive repair.

The Collector of Land Revenue heard the owner's claim on October 29, 1969, and on January 24, 1970, and in his award dated January 30, 1970, awarded compensation as follows:

(a) a sum of $54,390 for the 15,540 square feet acquired at $3.50 per square foot; and

(b) a sum of $900 as disturbance money.

No award was made in respect of the damage to the house. It is round this that controversy now centres.

The landowner was dissatisfied with the award and at h