The appeal is prohibited under s 40D of the Land Acquisition Act, which bars appeals against compensation orders.

Introduction

[1] This appeal arose from the decision of the learned High Court Judge in two land references, namely Suit Nos: 15-48-2011 and 15-49-2011 awarding the appellant (the applicant in the Court below) an additional compensation of RM1,675,583.77 for the acquisition of two lots held under Grant 34719, Lot 4460 Mukim Serendah, Daerah Hulu Selangor, Selangor Darul Ehsan and Grant 93472, Lot 27507 Seksyen 20, Mukim Bandar Serendah, Daerah Hulu Selangor, Selangor Darul Ehsan (individually referred to as "Lot 4460" and "Lot 27507", respectively, but collectively referred to as the "said lands"); and additional compensation of RM777,825.70 for injurious affection of the said lands.

[2] The parties in this appeal will be referred to in their original capacity in the High Court.

Salient Facts

[3] The applicant was the registered owner of the said lands. The category of land use of the said lands was "building". The applicant had obtained approvals from the relevant authorities to convert the said lands into residential and commercial areas ("the applicant's project").

[4] The said lands were acquired under s 3 of the Land Acquisition Act 1960 (" LAA ") pursuant to Gazette Notification No 4284 dated 23 December 2010. The purpose of the acquisition was for "Projek Lebuhraya Utara-Selatan Cadangan Persimpangan Bertingkat dan Plaza Tol Sungai Buaya, Bandar Serendah dan Mukim Serendah, Daerah Hulu Selangor, Negeri Selangor".

[5] Pursuant to s 12 of the LAA , an inquiry was conducted by the Land Administrator. Upon conclusion of the inquiry, a written award in Form G was prepared by the Land Administrator in respect of the said lands, which is as follows:

"(a). Lot 4460

Pampasan Tanah : RM4,453,137.00 (Tanah dinilai dengan harga RM405,000.00 sehektar).

Penjejasan : RM386,046.00

______________

RM4,839,183.00

(b). Lot 27507

Pampasan Tanah : RM1,273,360.50 (Tanah dinilai dengan harga RM405,000.00 sehektar).

Penjejasan : RM567,028.35

______________

RM1,840,388.85"

[6] The applicant objected to the amount of compensation awarded and filed a written application in Form N to the Land Administrator pursuant to s 38(1) of the LAA for the matter to be referred to the High Court for its determination ("the land reference proceedings").

[7] The land reference proceedings was presided by the learned judge and assisted by two assessors, namely Pn Kartini, a Government Valuer and Pn Noorjila, a Private Valuer. Upon hearing the parties and having taken into consideration the opinion of the two assessors on the market value of the said lands, the learned judge awarded, inter alia, additional compensation of RM1,675,583.77 for the said lands and RM777,825.70 for injurious affection in respect of the said lands.

[8] Dissatisfied with the decision, the applicant appealed to the Court of Appeal. Hence this appeal.

The Appeal

[9] Before us, the applicant filed a notice of motion via encl 12(a) for leave to include an affidavit affirmed by Chang Yao Kuang dated 9 September 2013 to have the documents annexed to his affidavit (exh A-1) be admitted as further evidence in the appeal herein.

[10] At the outset of the hearing of the motion and the substantive appeal, the learned counsel for the applicant informed the Court that the respondent had raised a preliminary objection ("PO") that the Court has no jurisdiction to hear the appeal in view of s 40D of the LAA and the recent Federal Court decisions in Syed Hussain Syed Junid & Ors v. Pentadbir Tanah Negeri Perlis & Another Appeal, [2013] 6 MLJ 626 (Permohonan Sivil No: 08(f)-633-08-2012(R)) and Calamas Sdn Bhd v. Pentadbir Tanah Batang Padang , [2011] 5 CLJ 125.

[11] In the light of the preliminary objection raised by the respon