PEMBANGUNAN IKRAM IKHLAS SDN BHD Pentadbir Tanah Daerah Gombak

PEMBANGUNAN IKRAM IKHLAS SDN BHD Pentadbir Tanah Daerah Gombak

The court found the respondent's awards were inadequate, accepted the Government valuer's comparable-sales adjustments and valuation methodology, increased land values to RM4,000/sq m for Lot 2755 and RM3,800/sq m for Lot 2754, allowed reduced but substantial development costs, and ordered the respondent to pay the specified additional compensation plus 5% p.a. late payment interest from the date of Form K to settlement.

Citation
BA-15-116-03/2024 (Mahkamah Tinggi)
Parties
Pemohon: Pembangunan Ikram Ikhlas Sdn Bhd; Responden: Pentadbir Tanah Daerah Gombak
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 February 2026
Case Number
BA-15-116-03/2024 (Mahkamah Tinggi)
Procedural Posture
Land Reference Under Land Acquisition Act 1960 (compensation Dispute) / Post Hearing Judgment (high Court Determination of Objections to Compensation)
Outcome
Objection allowed in part; compensation for land and development costs increased and respondent ordered to pay additional sums with interest; respondent filed notice of appeal.
Legal Topics
Adequacy of Compensation, Valuation Methodology (comparable Sales), Development Cost Claims, Appealability Under S49(1) Land Acquisition Act
Source Language
Malay/English

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Parties

Pembangunan Ikram Ikhlas Sdn Bhd

Pemohon

Pentadbir Tanah Daerah Gombak

Responden

Procedural Posture

Land Reference Under Land Acquisition Act 1960 (compensation Dispute) / Post Hearing Judgment (high Court Determination of Objections to Compensation)

  1. 1 Whether the compensation awarded for land was adequate
  2. 2 Proper market value and appropriate valuation adjustments (plot ratio, location, access, strata, topography)
  3. 3 Whether claimed development costs are compensable and whether post-valuation costs should be excluded

Ratio Decidendi

The court found the respondent's awards were inadequate, accepted the Government valuer's comparable-sales adjustments and valuation methodology, increased land values to RM4,000/sq m for Lot 2755 and RM3,800/sq m for Lot 2754, allowed reduced but substantial development costs, and ordered the respondent to pay the specified additional compensation plus 5% p.a. late payment interest from the date of Form K to settlement.

Court Disposition

Objection allowed in part; compensation for land and development costs increased and respondent ordered to pay additional sums with interest; respondent filed notice of appeal.

Orders

  • Respondent to pay additional compensation for value of land Lot 2755 in the sum of RM2,592,920.00
  • Respondent to pay additional compensation for value of land Lot 2754 in the sum of RM4,459,680.00