In land acquisition cases, the court upheld statutory procedures ensuring fair compensation, emphasizing that claims for inadequate awards require prima facie evidence from applicants, particularly in establishing market value and assessing severance rights.

Introduction

[1] This is a land reference matter arising from the partial land acquisition of a piece of land held under GRN 26592 Lot 9897, Mukim Klang, Daerah Klang ("Scheduled Land") under para 3(1)(a) of the Land Acquisition Act 1960 (" LAA ") for the public purpose of "Projek Lebuhraya Persisiran Pantai Barat (Taiping-Banting); Pakej 3 (Dari Persimpangan SAE - Persimpangan NKVE / FHR2), Daerah Klang, Selangor" ("Acquisition").

[2] By an order of this court dated 4 July 2024, the following land references were consolidated:

(i) Land Reference No BA-15-141-11/2023 ("LR 141") by West Coast Expressway Sdn Bhd ("WCESB"), the highway concessionaire and paymaster of compulsory acquisition costs for the 233-km West Coast Expressway (E32).

(ii) 4 land references by persons interested of the Scheduled Land, consisting of 3 landowners and 1 tenant ("Persons Interested") ie, BA-15-66-09/2023 ("LR 66"), BA-15-67-09/2023 ("LR 67"), BA-15-68-09/2023 ("LR 68"), and BA15-70-09/2023 ("LR 70").

[3] At the hearing, this court, with the assistance of two assessors, made certain orders to the compensation awarded by the Land Administrator. This is the judgment for the reasons of this court in coming to that decision.

[4] Dissatisfied with the decision of this court, WCESB, the applicant in LR 141 filed an appeal against this court's decision.

[5] Pertaining to appeals in land reference, subsection 49(1) of the Land Acquisition Act 19 provides:

"49(1) Any person interested, including the Land Administrator and any person or corporation on whose behalf the proceedings were instituted may appeal from a decision of the court to the court of Appeal and to the Federal court:

Provided that where the decision comprises an award of compensation there shall be no appeal therefrom."

[Emphasis Added]

Factual Background

[6] The Scheduled Land is a freehold land categorised as 'tiada' with no express condition. The Scheduled Land measures 3.28553634 hectares ("ha") or 32,855.3634 square meters ("sqm") and is zoned for 'perindustrian'. The Scheduled Land is a corner lot, has regular shape and is flat in terrain. There are dual frontages and access via Jalan Kebun and Jalan Dato Sellathevan, and (i) is located at the same level as the existing metalled road i.e., Jalan Kebun.

[7] Vide Form D published in State Government's Gazette No 1350 on 27 May 2021, 0.5677ha of the Scheduled Land (approximately 17% of original land area) was compulsorily acquired. The remainder of the Scheduled Land is 2.7178ha ("Remainder Land").

[8] The Respondent ("PTD"), after holding enquiries under s 11 of the LAA , made awards of compensation to landowners and persons interested of the Scheduled Land, totalling the sum of RM 13,114,157.587 ("PTD's Award").

[9] The PTD's Award is made up of:

(i) the market value ("MV") of the Scheduled Land;

(ii) severance;

(iii) injurious affection ("IA"); and

(iv) other ancillary costs

[10] Pursuant to the Amended Form N lodged by WCESB, WCESB is seeking a reduction of the PTD's Award. In this regard, WCESB has raised objection against all heads of claim awarded by the PTD.

[11] The Persons Interested, on the other hand, are seeking an increase of the PTD's Award, predominantly the MV of the Scheduled Land and ancillary costs. Objections by Interested Parties LR67, LR68, and LR70 against the amount of compensation for the property in the Compensation Award, where the PTD failed to take into account the industrial characteristics despite the Klang Municipal Council having allowed small-scale industries to operate on the Scheduled Land, and also objections regarding severance and in