Back
2025 MarsdenLR 3299
HIGH COURT MALAYA KUALA LUMPUR
MAH CHIN BOOI – Appellant
Versus
PENTADBIR TANAH WILAYAH PERSEKUTUAN KUALA LUMPUR (ENCLS 42 & 56) – Respondent
[Land Reference No: WA-15-1-01/2023]
The written opinions of assessors in land acquisition hearings must be shared with parties prior to a court decision, as mandated to ensure fair trial standards and uphold transparency.
Headnote:(A) Land Acquisition Act 1960 - Section 40D - Written opinions of assessors necessary to ensure fair proceedings - The court emphasized the necessity of sharing assessors' opinions to allow parties to respond before the final decision is made, as stated in Tegas Sejati case - The High Court must comply with procedures laid out in the Act. (Paras 1, 2, 30, 39)
(B) Right to fair hearing - The opinions should form part of the records, enabling adequate preparation for any appeals. The court noted the importance of transparency in the assessment process for compensation. (Paras 4, 35)
Facts of the case:
The case involves multiple land references concerning compensation for land acquisition, where the applicants argue that awards from the Land Administrator were insufficient. (Paras 5, 6)
Findings of Court:
The court ruled that the written opinions of assessors must be provided to the parties prior to the court reaching a decision, ensuring participants can respond accordingly. (Paras 39)
Issues: The core issue was whether the written opinions of assessors must be disclosed before the court’s decision or only after it. (Paras 1)
Ratio Decidendi: The court held that sharing the assessors' written opinions aligns with fair trial principles and the intent of the Land Acquisition Act. This fosters proper scrutiny and allows parties to engage meaningfully. (Paras 30, 39)
Result: The written opinions must be provided to parties for their input before a decision is rendered.
| Table of Content |
|---|
| 1. opinions of assessors in land reference (Para 1) |
| 2. arguments on release of assessors' opinions (Para 2 , 3 , 10 , 11) |
| 3. legal principles governing land acquisition (Para 4 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. summary of federal court decision in tegas sejati (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 5. considerations on retrospective vs prospective application (Para 34 , 35 , 36 , 37 , 38) |
| 6. final decision on availability of assessors' opinions (Para 39) |
[Written Opinions Of Assessors To Be Made Available To Parties]
Issue
[1] The sole issue in this Judgment is whether the written opinions of the two assessors in a Land Reference under s 40D of the Land Acquisition Act 1960 [Act 486] ("LAA") must be given to parties for counsel to submit on their contents before the High Court delivers its decision; or the written opinions need only be released to parties after the High Court delivers its decision for inclusion in the appeal records for an appeal [if any] to the Court of Appeal.
[2] Counsel for the applicant submits that a close reading of the recent Federal Court decision in Tegas Sejati Sdn Bhd v. Pentadbir Tanah Dan Daerah Hulu Langat & Anor And Another ; [2024] 3 MLJ 329 ; [2024] 4 CLJ 1 FC ["Tegas Sejati"] requires the written opinions of the two assessors in a Land Reference under s 40D of the LAA to be given to parties for counsel to submit on their contents before the High Court delivers its decision.
[3] Counsel for the respondent does not agree or disagree but leaves it to the Court.
[4] The issue arose because of these passages of the judgment in Tegas Sejati:
[34] If judges are required to provide their reasons for arriving at any decision, all the more, the opinion of the assessors, which the law mandates must be in writing must be made available to the parties. Although these opinions are intended to assist the Court in arriving at a decision on the amount of compensation, it is imperative that parties have the opportunity to consider them and to respond, if necessary. At its most basic level, these opinions form and must be part of the records of the land reference proceedings, aside from the learned judge recording the fact that the written opinions were provided.
[35] As part of the records of the proceedings, these opinions become part of the records of appeal, should there be an appeal. The parties can then adequately prepare their appeals and the appellate courts will similarly be able to properly scrutinise these opinions and evaluate the complaints and concerns of the parties and how the same were addressed by the learned judge. See for instance Rohana Ariffin & Anor v. Universiti Sains Malaysia ; [1989] 1 MLJ 487 . If these written opinions are not made available, worse not form part of the records of appeal until and unless specifically sought for by any party, how is the question of adequacy of compensation to be properly addressed. How is the right enshrined in art 13(2) to be upheld?
[Emphasis Added]
Material Facts
[5] There are ten Land References fixed for hearing before me. In all these references the applicants are represented by the same firm and counsel whereas the respondents are all represented by Jabatan Peguam Negara Malaysia.
[6] The applicants all contend that the monetary compensation awarded by the Land Administrator are too low. [See encl 42 applicant's written submission at para 10].'
[7] All parties have agreed that my decision in this Land Reference will bind the other nine Land References.
[8] I heard counsel on 21 March 2024 and 21 May 2024. Thereafter I was transferred to another Court. At the request of parties to the Chief Judge of Malaya, these ten Land References were remitted back to me on 10 January 2025 for final disposal. Thus, the ten cases were fixed for continued hearing on 15 January 2025 before me and the two assessors appointed to assist me pursuant to s 40A of the LAA.
[9] After the conclusion of oral su
