2011 MarsdenLR 1272

RICHARD MALANJUM, HASHIM YUSOFF, JAMES FOONG
CALAMAS SDN BHD – Appellant
Versus
PENTADBIR TANAH BATANG PADANG – Respondent

Compulsory land acquisition valuations must adhere strictly to zoning and land use designations as per statutory mandates to ensure fair compensation.

Headnote:(A) Land Acquisition Act 1960 - Section 8, Section 9A, Section 40D - Appeal against the quantum of compensation awarded for compulsory acquisition of land - Evidence submitted related to intended subdivision and comparables referenced by both parties were evaluated. (Paras 3, 4, 6, 9, 19)

(B) Valuation of land - Scheduled land zoned for housing development must be assessed based on its zoning and not solely on perceived potential. (Paras 6, 8)

Facts of the case:
The appellant's land, being 3.744 acres from a freehold title of 18.9768 acres, was compulsorily acquired resulting in a dispute over the valuation of compensation which was initially set at RM537,504.00 and subsequently contested for inadequacy. (Paras 2, 3)

Findings of Court:
The High Court awarded RM904,174.92 for the land value and RM20,000 for the return frontage advantage, disallowing other claims. (Para 2)

Issues: The adequacy of the compensation amount and whether the scheduled land should be valued according to housing development potential as per the Land Acquisition Act. (Paras 10, 18)

Ratio Decidendi: The court held that land zoned for housing development must be valued as such, emphasizing that the assessment process under the Land Acquisition Act mandates adherence to specific land uses and planning provisions. (Paras 6, 10)

Result: Appeal dismissed with costs.