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JUDGMENT

Mohd. Azmi FJ:

The scheduled land of which the market value is in dispute in this appeal was part of the appellants' oil palm estate near the township of Kepala Batas (hereinafter referred to as "Bertam Estate"). The land acquired for the purpose of LPN complex was approximately 20 acres which was small in size compared to the 5,000 total acreage of Bertam Estate. The relevant date for determining the market value by virtue of s. 8 acquisition under the Land Acquisition Act, 1960 was 19 June 1980. Relying on Encik Fernandez's valuation report, the Collector of Land Revenue made an award of RM12,600 per acre both for Lot 2014 and Lot 185 - the two lots affected by the acquisition. The appellants objected to the award and referred it to the Penang High Court under s. 38 of the Act. Abdul Razak J sitting with two Assessors enhanced the Collector's award to RM15,000 per acre. The appellants are, however, still dissatisfied with the enhanced award and before us it is contended that the compensation should have been increased to RM20,000 per acre, based on KEMAS Centre acquisition which had taken place about 9½ months prior to the present acquisition, also affecting Bertam Estat

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