JUDGMENT

Zaleha Zahari J:

[1] Unless expressly stated references in this judgment to any legal provisions shall refer to the Land Acquisition Act 1960 and reference to any Form refers to the Form prescribed in the Schedule to that Act.

Background

[2] The applicants in this case, A. Karunathan a/l Arunasalam, Rajamanickkam w/o Arunachalam Pillai (as trustee), Kannathasan a/l Arunasalam, Tirughana Sambandan a/l Arunasalam and Porpadam @ Porpatham a/l Arunasalam each own 1/5 share of land known as Lot 14225 HS(D) 32816 Mukim Petaling, District of Kuala Lumpur ("the said land"). A part of said land ("the subject property") was acquired for the purpose of a road project known as "Projek Lebuhraya Damansara Puchong ("Project LDP") vide Selangor Gazette Notification No. 863/96 published on 26 September 1996 arising from which acquisition the applicants were offered compensation in the sum of RM156,722.38.

Previous Court Proceedings/Applications

[3] There have been earlier court proceedings between the parties in this land reference prior to its registration in the Shah Alam High Court consequential upon the Petaling Land Administrator referring the applicants' joint objection in Form N dated 18 August 1998 (Lampiran 'C', encl. (1)). It is necessary to set out the outcome of these earlier proceedings in view of the arguments raised by the applicants' counsel in their written submissions at the conclusion of hearing of this land reference.

(a) Kuala Lumpur High Court High Civil Suit No: S2-21-11-98

[4] On 3 February 1998 the applicants filed Kuala Lumpur High Court Civil Suit No. S2-21-11-98 (exh. "TS3" encl. (10), "the KL suit") by which suit the applicants' sought for a declaration that the land acquisition (which is also the subject matter of this land reference) is invalid and that it be declared null and void.

[5] In April 1998 a consent order was recorded between the parties to this KL suit. According to this order parties had agreed that the applicants be granted an extension of time to file their Form N conditional upon the applicants withdrawing the KL suit.

(b) Shah Alam High Court Originating Summons No: MT1-21-66-1998

[6] The applicants then filed Shah Alam Originating Summons No: MT 1-21-66-98 (the "Shah Alam OS"). By this Shah Alam OS the applicants sought for an extension of time to file their objection in Form N in respect of the compensation awarded to them for acquisition of the subject property.

[7] A consent order was also recorded between the parties in the Shah Alam OS on 10 August 1998 before the Honorable Justice Dato' Faiza b. Haji Tambi Chik. According to this consent order the applicants were given liberty and granted an extension of time to file their objection in Form N against the compensation awarded and that costs be in the cause.

The Applicants' Objections In Form N

[8] The applicants then filed a joint Form N dated 18 August 1998. According to the Form N filed, acceptance of the compensation awarded to them by the Land Administrator was made under protest in respect of the sufficiency thereof. In para 2 of their Form N, the applicants stated their interest, whilst in para 3, they then set out the nature of their objection. The applicants relied on para 3(a) and (b) of the Form N (ie, in relation to the measurement of the land and amount of compensation). In para 4 of Form N, the applicants had then set out in detail the grounds upon which objection to the award was taken. For ease of reference the grounds are reproduced. It reads as follows:

4. Alasan-alasan bantahan saya adalah seperti berikut:

a) Pampasan 'ex-parte' yang ditawarkan adalah tidak mengambil kira kesemua kepentingan dan kerugian;

b) Jumlah pampasan kurang daripada jumlah kutipan sewa dalam satu tahun, manakala pemilik-pemilik tanah yang lain telah diberi pampasan penjejasan (selain dari pampasan tanah & bangunan) iaitu kutipan sewa yang lebih dari sepuloh tahun;

c) Pemilik lot 35443 & 35444 telah ditawarkan nilai pasaran yang sama untuk