JUDGMENT

Jeffrey Tan JCA:

[1] This appeal against the order dated 18 December 2007 of the High Court at Johor Bahru declaring that the appellant/defendant, also known as the Highway Authority of Malaysia, was not entitled to lodge a Form N under the Land Acquisition Act 1960 (LAA 1960), and that the said Form N lodged by the appellant was "wrong, void, invalid and of no legal effect", which we heard and allowed on 13 May 2009, came about in the following circumstances.

[2] The plaintiff was the registered owner of land held under PTD 171003 HS(M) 2996 Mukim Plentong, Daerah Johor Bahru, Negeri Johor (the said land). On 18 November 2004, the Johor State Authority caused to be published in the Gazette the following declaration (Form D under the LAA 1960) that the said land was required for a public purpose.

It is hereby declared that the particular lands and areas specified in the Schedule hereto are needed for the following purpose:

Land Acquisition Under Paragraph (sic)3(1)(a) Of The Land Acquisition Act 1960 (Act 486), For The Purpose Of The Construction Of Senai-Pasir Gudang-Desaru Expressway, Mukim Senai-Kulai, Tebrau, Plentong And Sungai Tiram, Johor Bahru For Ministry Of P