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2023 MarsdenLR 2373
COURT OF APPEAL PUTRAJAYA
BLUE VALLEY PLANTATION BERHAD – Appellant
Versus
PENTADBIR TANAH DAERAH CAMERON HIGHLAND & ANOR – Respondent
[Civil Application No: C-01(A)-301-05/2021]
The court clarified that appeals regarding compensation awards under the Land Acquisition Act are limited to questions of law, emphasizing proper assessment methods and land use considerations in determining compensation.
Headnote:(A) Land Acquisition Act 1960 - Sections 38(1), 40D(3), and 49(1) - Appeal against compensation award - Appellant contested the compensation awarded for land acquisition, which was increased by the High Court from RM3,564,000.00 to RM4,020,000.00 - Appeal dismissed as the court found no errors in law regarding compensation assessment - The court clarified that appeals regarding compensation are limited to questions of law, not fact - The learned Judicial Commissioner appropriately considered land use and valuation methods in determining compensation. (Paras 16-52)
Facts of the case:
The Appellant, the registered proprietor of a land parcel, challenged the compensation awarded for the acquisition of a portion of their land for a substation. The initial compensation was RM3,564,000.00, later increased by the High Court to RM4,020,000.00. (Paras 2-8)
Findings of Court:
The court found that the learned Judicial Commissioner did not err in assessing the compensation based on statutory provisions and land use, affirming the final compensation amount awarded. (Paras 16-52)
Issues: The main issues addressed included whether the learned Judicial Commissioner failed to consider the land use as per the development plan and whether he erred in rejecting relevant sales comparisons for valuation. (Paras 24-40)
Ratio Decidendi: The court held that the learned Judicial Commissioner was justified in his findings regarding land use and valuation, emphasizing that the assessment of compensation is based on statutory provisions and factual evidence presented. (Paras 46-51)
Result: Appeal dismissed with costs.
| Table of Content |
|---|
| 1. introduction and factual background of the case (Para 1 , 2 , 4 , 5 , 6 , 7 , 8) |
| 2. valuation disputes regarding compensation (Para 10 , 11 , 12 , 13 , 14) |
| 3. legal framework on appeals regarding compensation (Para 16 , 17 , 18 , 19) |
| 4. issues raised in the appeal (Para 20 , 21 , 22 , 23 , 24) |
| 5. assessment of compensation and valuation principles (Para 39 , 40 , 45 , 46) |
Introduction
[1] This is an appeal filed by the Appellant, Blue Valley Plantation Sdn Bhd against the decision of the learned Judicial Commissioner ("JC") dated 28 April 2021 in the matter of the Temerloh High Court Land Reference No CB-15-13-10/2019 ("the Decision").
[2] The learned JC had increased the compensation awarded by the Pentadbir Tanah Daerah Cameron Highland ("PTD") by an additional sum of RM456,000.00, thereby increasing the total compensation from RM3,564,000.00 to RM4,020,000.00 for the acquisition of the Appellant's land. Despite the increase in the award, the Appellant had appealed against the said decision.
[3] Having considered the appeal records and the submissions of the parties, this Court had dismissed the appeal. Our decision was unanimous and these are the grounds for our decision.
Salient Facts
[4] The Appellant is the registered proprietor of HSD 3541, No Lot 2175, Mukim Ulu Telom, Daerah Cameron Highlands, Negeri Pahang ("the said land").
[5] The 2nd Respondent, Pylon Range Sdn Bhd is the sole owner of the shares and assets in the Appellant.
[6] A portion of the said land measuring 6 hectares was gazetted for acquisition for the purpose of building a TNB substation ("the acquired land"). The gazette notification was dated 19 July 2018.
[7] An inquiry was held by the PTD and compensation was awarded at the price of RM594,000.00 per hectare, totalling the sum of RM3,564,000.00 for the six (6) hectares acquired.
[8] Being dissatisfied with the award, the Appellant had filed an objection in Form N requiring the PTD to refer the matter to the High Court for a determination as provided under s 38(1) of the Land Acquisition Act 1960 (" LAA ").
Decision Of The Land Administrator
[9] An inquiry was held by the 1st Respondent and compensation was awarded at the price of RM594,000.00 per hectare, with a total sum of RM3,564,000.00 for the six (6) hectares acquired.
Decision Of The High Court
[10] The Appellant had appealed to the High Court against the compensation awarded by the PTD. Both the Respondent and the Appellant had relied on their respective valuation reports at the inquiry and before the High Court.
[11] The Appellant's valuer had based their report on comparisons of sales of lands within the vicinity which were zoned for mixed development and/or development and assessed the compensation payable to be RM22,602,000.00 for the six (6) hectares acquired.
[12] The report of the Government's valuer was based on the comparisons of sales of lands within the vicinity which were categorised either as agricultural or nil, and assessed the value to be RM540,000.00 per hectare based on a sale of an agricultural land in the vicinity, with a total compensation of RM3,240,000.00
[13] The Private Assessor had opined that compensation be awarded at the sum of RM646,000.00 per hectare with a total sum of RM3,876,000.00, an increase of RM312,000.00 from the PTD's Award.
[14] The Government's Assessor gave a written opinion that compensation be awarded at the sum of RM670,000.00 per hectare with a total sum of RM4,020,000.00, an increase of RM456,000.00 from the PTD's Award.
[15] Having considered the case, the learned JC made the following findings:
"[26] Setelah meneliti affidavit-affidavit, nota prosiding dan laporan- laporan penilaian oleh pihak-pihak, mahkamah memutuskan amaun pampasan yang diberikan adalah sebanyak RM670,000.00 sehektar dan jumlah keseluruhannya RM4,020,000.00 iaitu penambahan sebanyak RM456,000.00 daripada award yang diberikan oleh Pentadbir Tanah dan Daerah Cameron Highlands."
Our Decision
