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1983 MarsdenLR 230

LEE HUN HOE, BORNEO, ABDOOLEADER, RAJA AZLAN SHAH
DATUK DR MURUGASU SOCKALINGAM – Appellant
Versus
SUPERINTENDENT OF LANDS AND SURVEYS FIRST – Respondent


Advocates:
Mathew Chan for the appellants.
Abdul Razak Tready, Legal Adviser, Lands and Surveys Department, Kuching for the respondent.
Solicitors: Chan, Jugah, Wan Ullok & Co.

Lee Hun Hoe CJ (Borneo)

(delivering the Judgment of the Court): This is an appeal against the award made by the learned Judge in respect of the land acquired by the Sarawak Government for the extension of the Kuching airport.

In 1950 Datuk Dr. Murugasu Sockalingam owned Parcel 16 Block 233 Kuching North Land District, 6½ Mile Penrissen Road, Kuching. In1960 this pgarcel was mutated into two lots, that is, Lots 330 and 331. He then transferred the two lots to his four sons, namely, Mahendra, Rajendra, Sivadas and Devadas in equal shares. They in turn executed a Power of Attorney in favour of their parents Datuk Dr. Marugasu Sockalingam and Datin Evelyn Sockalingam nee Voon Nyuk Tshin. In 1969 the State Government acquired 5.319 acres of Lot 330 for road reserve at $9,000.00 per acre. The registered proprietors accepted the award through their attorneys. Consequently, Lot 330 was mutated into four lots, namely, Lots 614 (79.37 acres), 615 (0.918 acres), 616 (4.401 acres) and 617 (1.645 acres). The parts acquired for road reserve made up of Lots 615 and 616. Lots 614 and 617 were realienated to the four registered proprietors. In 1971 in order to accommodate bigger aircraft such as th

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