JUDGMENT

Indra Nehru Savandiah JC:

Introduction

[1] This is an application by West Coast Express Sdn Bhd (hereinafter referred to as WCE) to strike out the land reference proceeding for non-compliance with s 38(5) of the Land Acquisition Act 1960 (hereinafter referred to as LAA 1960).

[2] This Court allowed the application with RM1,000.00 in costs.

[3] An appeal has been lodged against the decision.

Background Facts

[4] The applicant is the registered owner of lands held under Lot 2557, GM1928 and Lot 2565, GM1927 in Mukim Tanjung Dua Belas, Kuala Langat, Selangor.

[5] The applicant was dissatisfied with the award regarding the land acquisition and objected by submitting Form N on 28 March 2017 at the Land Office.

[6] It is undisputed that Form O was submitted more than six months after the applicant submitted Form N.

[7] The applicant and the respondent do not dispute the timeline of this land reference proceeding. They are as follows:

[8] WCE asserted that non-compliance with s 38(5) of the LAA 1960 directly impacts this Court 's jurisdiction regarding the consideration of the matter.

[9] WCE argued about the effect of the word "shall", as it appears in s 38(5) of the LAA 1960, which impo