Richard Talalla JC

The plaintiffs were the owners of the land held under EMR 77 lot 117, mukim of Tebrau, Johore Bahru. Pursuant to the provisions of s 3(b) of the Land Acquisition Act 1960 ('the Act'), the state authority may acquire any land which is needed by any person or corporation undertaking a work which in the opinion of the state authority is of public utility. In this instance, the state authority means the Ruler of the State of Johore, see s 2(1) of the Act. Hereafter reference to sections means sections of the Act. The state authority wished to acquire a part of the plaintiffs' said land, some 19,802 sq ft thereof. The appropriate steps were taken as required by the provisions of the Act. In particular, notice of intended acquisition was gazetted pursuant to ss 10 and 52. Notice of inquiry was issued also under s 10. The second defendant, 'the Collector', conducted an inquiry as required by s 12 whereafter an award ('the award') was made under s 14. Notice of award and offer of compensation was served on the plaintiffs pursuant to the provisions of s 16. On 11 July 1982, the plaintiffs through their solicitors accepted the offer. In the event, the Collector, following