JUDGMENT

Hashim Yusoff FCJ:

(1) This is an appeal against the decision of the Court of Appeal which had dismissed the appellants appeal against the High Court decision given on 14 February 2004. We reserved our judgment after hearing this appeal to be given at a later date. We do so now.

Facts

(2) The brief facts in this appeal as found in the grounds of judgment of the Court of Appeal (pp. 13-14 appeal record Jilid 1) are as follows:

A portion of the Appellants land ie, 3.744 acres held under title No. H.S.(D) 196, PT No. 2355 Mukim Ulu Bernam Timur district of Batang Padang, Perak ("the scheduled land") was acquired. The said acquisition was made pursuant to Section 8 of the Land Acquisition Act 1960 and gazetted on 6.7.2000.

The scheduled land is a freehold land comprising 18.9768 acres and the land use is described and categorised as "agricultural".

On 28.10.2000 the Respondent awarded the Appellant compensation for the acquired portion of the scheduled land the sum of RM537,504.00 based on land valuation at the rate of RM352,000.00 per hectare or RM3.40 per square foot.

The Appellant was grieved by and objected to the amount of the compensation. They applied for refer