JUDGMENT

(oral)

Gopal Sri Ram JCA (delivering the judgment of the court):

The appellant, Tenaga Nasional Bhd, is a public company limited by shares. Its principal business is to generate and supply electricity to the far-flung reaches of Semenanjung Malaysia. To effect this supply there needs to be a national grid. One is already in existence. The appellant intended to construct a 2nd grid. It is common knowledge that such a grid became necessary in view of the increase in demand for electricity especially along the West Coast of Semenanjung Malaysia.

In order to construct the grid, the appellant has to put up pylons carrying high tension wires to be used to convey electrical power. For that purpose the appellant issued a notice under s. 11 of the Electricity Supply Act 1990 ('the Act'). It may be added in parenthesis that the appellant is a licensee under the Act and that its relationship with members of the public is subject to control by the authorities referred to in the Act, principally the Director-General and the Minister. The s. 11 notice is dated 23 December 2000. It is addressed to the respondent. Under s. 11, once a notice of the sort we have just referred to is served on a landowner, certain consequential procedural steps are immediately triggered. This is apparent from the language of the Act in s. 11, which reads as follows

11 (1) Subject to as hereinafter provided, whenever it is necessary so to do for the purpose of installing any system of distribution of energy under this Act, a licensee may lay, place or carry on under or over any land, other than State land, such posts and other equipment as may be necessary or proper for the purposes of the licensed installation, as the case may be, and may take such other action as may be necessary to render the installation safe and efficient, paying full compensation in accordance with section 16 to all persons interested for any disturbance, damage or disability that may be caused thereby and such compensation may include an annual payment for land used for the purpose of the posts or other equipment.

(2) Before entering on any land for the purpose specified in subsection (1), the licensee shall give a notice stating as fully and accurately as possible the nature and extent of the acts intended to be done. The notice shall be substantially in the form set out in the First Schedule and the District Land Administrator shall specify a date upon which the State Authority shall inquire into any objection that may have been made as hereinafter provided.

(3) The aforesaid notice shall be given:

(a) in the case of alienated land, to the owner or occupier;

(b) in the case of reserved land, to the officer or any other person in charge of the reserved land or, in the absence of any such officer or person, to the District Land Administrator,

and may be sent by registered post or be left at the usual or last known place of abode of the person to whom it is to be given or served by the licensee or the District Land Administrator at the expense of the licensee, either in the manner hereinbefore provided or in the manner provided for the service of notices by any written law relating to land in force in the State where the land is situated.

(4) Any of the persons mentioned in subsection (3) may, within fourteen days of the receipt of the notice therein referred to, lodge an objection to the intended acts of the licensee. The objection may be made to the District Land Administrator, either verbally or in writing, and the District Land Administrator shall give notice of the objection to the State Authority and to the licensee.

(5) If no objection is lodged within the time limited for that purpose by subsection (4), the licensee may forthwith enter on the land and do all or any of the acts specified in the notice given under subsection (2).

(6) If an objection is lodged and is not withdrawn before the date fixed for the hearing thereof, the District Land Administrator shall hold an enqui