Lee Hun Hoe CJ (Borneo):

This appeal and cross-appeal against the decision of the High Court on a reference by the appellant concern the amount of compensation in respect of four parcels of land, namely, Lots 13, 83, 89 and 92, situated at Pandaruan Land District, Limbang, compulsorily acquired by the Sarawak Government under the provisions of the Sarawak Land Code (Cap. 81).

At the outset I may mention that there is in fact only one respondent, Lim Teck Hoo. The name of Tan Mah Kuan should not have appeared on the record as respondent as he had not appealed against the awards made by the High Court. Lim Teck Hoo was the registered owner of both original parent

Lots 1460 and 2007 containing an area of 9.95 acres and 257 acres respectively. These two lots were adjacent to one another. Both titles were classified as agricultural without other restrictions and had the same expiry date.

As one of the main issues is the material date for the determination of compensation, it will be convenient to set out briefly certain relevant dates and events relating to the four lots. A notification (GN No. 709) under s. 47 published in the Sarawak Government Gazette (referred hereinafter as SGG) dated 19 March 1971 indicates that Lots 1578, 795, 796, 1460 and part of Lot 2007 (involving 100.6 acres) located at Pandaruan Land District, Limbang were "likely to be needed for resettlement of the people of Kampong Bangkita and Kampong, Penapak, Limbang." (See p. 13 of Appeal Record). It may be added that a second notification (GN No. 970) also under s. 47 published in the SGG dated 29 March 1973 indicates that the remaining part of Lot 2007 would "likely be needed for urban development."

Parcels were carved out of parent lots and acquired by Government at different stages. The first stage involved the acquisition of four lots, namely, 14, 15, 795 and 53, under s. 48 vide GNNo. 355 published in the SGG dated 1 February 1973 indicating that the land "is needed for provision of a site for the establishment of a Government Hospital." These lots were carved out of various parent lots including Lots 1460 and 2007. Appellant held an inquiry on 7 August 1973 and made his awards on 13 September 1973. Next, the acquisition of Lots 13 and 83 under s. 48 vide GN No. 2281 published in the SGG dated 8 August 1974 indicated that the land "is needed for urban development in connection with the planning development of Limbang Bazaar." (See p. 19 of Appeal Record). The parent Lot 1460 was mutated to form Lots 13 and 14 which were acquired earlier. The other parent Lot 2007 was also mutated into Lots 51, 52 and 53 which were also acquired earlier. Lot 51 was mutated into Lots 82 and 83. Lot 82 was mutated to form Lots 89 and 90. In turn, Lot 90 was mutated to form Lots 91 and 92. Then Lot 89 was acquired under s. 48 vide GN No. 2950 published in the SGG dated 10 October 1974 "for the provision of residential accommodation for public servants." (See p. 50 of Appeal Record). Finally, Lot 92 was acquired under s. 48 vide GN No. 2307 published in the SGG dated 7 August 1975 "for the provision of a site for a school." The acquisition of Lot 91 covering about 183 acres was cancelled under s. 79 vide GN No. 3328 dated 6 November 1975 and declared to be no longer required for a public purpose. It was notified that Lot 91 ceased to form part of the land declared to be likely to be needed for a public purpose by GN 709 and GN 970 mentioned earlier. Lot 91 was mutated to form Lots 96 and 97. A fresh notification (GN 709) under s. 47 dated 4 March 1976 was imposed on Lot 97 containing an area of 9.98 acres as "it is likely to be needed for the provision of residential accommodation for public servant ." In respect of the four lots inquiries were subsequently made on various dates and awards made. Eventually, Lots 16, 52 and 96 were left unacquired.

Limbang is the administrative capital of the Fifth Division with a population of about 19,000 people according to the