ALASAN PENGHAKIMAN.

1. On 23rd December 2000 the 1st Respondent, a statutory corporation issued a notice to enter private land belonging to the Applicant. This notice was served on 12th January 2001 on the Applicant. The notice was said to be issued pursuant to section 11 of the Electricity Supply Act 1990 which permits for the purpose of installing system of distribution of energy entry into private land by the 1st Respondent as a licensee appointed under the Act in order to lay, place or carry on posts or other equipment as may be necessary or proper for the purposes of the licensed installation, as the case may be, and may take such other action as may be necessary to render the installation safe. The notice required the Applicant to remove all buildings and keep clear 7.064 acres of land and stated that the 1st Respondent proposed to construct posts (tiang) or towers (menara). The Applicant seeks an order to remove the notice to this Court for the notice to be quashed or alternatively a declaration that the notice is invalid, null and void. The Applicant is also seeking a stay of all proceedings pursuant to the said notice. The Respondents contend that the 1st Respondent has correctly proceeded under section 11 of the Electricity Supply Act 1990. They also contend that there is provision in the Electricity Supply Act 1990 to deal with objections and to provide compensation. The Applicant contends that section 11 was not intended for a situation such as the present one.

2. The Applicant is objecting to the issuance by the First Respondent of the notice of intention to enter the Applicant's land:

(a) requiring the Applicant to keep 7.064 acres of the Applicant's land clear;

(b) to erect posts (tiang) or towers (menara) all along a specified route on the Applicant's land, and

(c) requiring the Applicant to remove buildings on the said 7.064 acres of land.

This notice is said to be issued pursuant to section 11 of the Electricity Supply Act 1990. Under section 11 of the Electricity Supply Act 1990 if an objection is not lodged by the Applicant with the land administrator within 14 days of service of the said section 11 notice, the First Respondent can enter the Applicant's land for the purpose stated and do all of the acts stated in the notice. Section 11 of the Electricity Supply Act 1990 provides for payment to the Applicant landowner of full compensation for any "disturbance, damage or disability that may be caused" by the acts done and also provides that such compensation shall include "an annual payment for land sued for the purpose of the posts (tiang) or other equipment. Section 11 of the Electricity Supply Act 1990 permits such a notice to be given for the "purpose of installing any system of distribution of energy under this Act", and "a licensee may lay, place or carry on, under or over any land, other than State land, such posts (tiang) and other equipment as may be necessary or proper for the purposes of the licensed installation, as the case may be, and may take such other action A may be necessary to render the installation safe and efficient ....". Before entering the land the licensee is required to give a notice stating as "fully and accurately as possible the nature and extent of the acts intended to be done". The First Respondent is the "licensee" under the Electricity Supply Act 1990. The section 11 notice does not state what is the "licensed installation" that the acts intended to be done are in aid of, but it appears that the installation is the 'national grid' system. The I 't Respondents sets up a system of distributing and selling electricity to consumers all over Malaysia. Although there are currently no buildings on the land the Applicant has applied for planning permission with a view to developing their land into a low cost and medium cost housing estate.

3. It is noted that the following objections are taken to the section 11 notice issued by the First Respondent. There is no provision for the lay