JUDGMENT

Gopal Sri Ram JCA:

The appellant who is the Land Administrator, District of Petaling, being dissatisfied with the award of compensation made by the learned judge in the court below in respect of a building - a warehouse situated on the respondent's land acquired by appellant, has appealed to us.

The facts of the case have been adequately dealt with by the learned judge in his judgment. There is no need to repeat them at length here.

Briefly, the respondent was, until the acquisition declaration, the registered proprietor of a piece of land in the District of Petaling ("the subject property"). The subject property was under Mukim title. It is on level ground. The express condition of use was for agriculture only. The respondent, on 18 December 1981, applied for planning permission to construct a warehouse on the subject property. However, until the date of acquisition of the subject property in March 1985 there was no response from those entrusted by law to consider and deal with applications for planning permission. The learned Legal Adviser of Selangor concedes that he is unaware of the reasons for the absence of such response. I may add for completeness that Form K und