NOOR AZZAH BINTI JAAFAR JABATAN KETUA PENGARAH TANAH DAN GALIAN PERSEKUTUAN

NOOR AZZAH BINTI JAAFAR JABATAN KETUA PENGARAH TANAH DAN GALIAN PERSEKUTUAN

The Court declined to decide ownership because the issue of identity was not properly pleaded in Form N and no affidavit evidence was filed as required by section 45 and the Third Schedule; on quantum the Applicant failed to discharge the initial burden, relied on a valuation dated to the wrong valuation date, and the Court accepted the Respondent's valuation and assessors' opinions, therefore the Respondent's award of RM383,001.70 is maintained.

Citation
WA-15-28-09/2019 (Mahkamah Tinggi)
Parties
Plaintiff (applicant): Noor Azzah binti Jaafar; Defendant (respondent): Jabatan Ketua Pengarah Tanah dan Galian Persekutuan; Registered Proprietor (interested Party): Munir & Sons (M) Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 September 2021
Case Number
WA-15-28-09/2019 (Mahkamah Tinggi)
Procedural Posture
Land Reference (land Acquisition Act 1960) / Judgment (high Court)
Outcome
Applicant's claim on identity dismissed without determination; Respondent's compensation award of RM383,001.70 maintained and retained in court; assessors to be paid; no order as to costs.
Legal Topics
Compensation, Beneficial Ownership, Valuation Date, Admissibility of Evidence Under Section 45, Jurisdiction Limited to Form N
Source Language
Malay/English
Land Law Compulsory Acquisition Property Valuation Civil Procedure Administrative Law Compensation Beneficial Ownership Valuation Date +2 more

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Parties

Noor Azzah binti Jaafar

Plaintiff (applicant)

Jabatan Ketua Pengarah Tanah dan Galian Persekutuan

Defendant (respondent)

Munir & Sons (M) Sdn Bhd

Registered Proprietor (interested Party)

Procedural Posture

Land Reference (land Acquisition Act 1960) / Judgment (high Court)

Legal Issues

  1. 1 Whether compensation should be paid to the Applicant as alleged beneficial owner
  2. 2 Whether the compensation amount awarded by the Respondent is correct and adequate
  3. 3 Whether evidence supporting ownership was admissible under Section 45 and the Third Schedule

Ratio Decidendi

The Court declined to decide ownership because the issue of identity was not properly pleaded in Form N and no affidavit evidence was filed as required by section 45 and the Third Schedule; on quantum the Applicant failed to discharge the initial burden, relied on a valuation dated to the wrong valuation date, and the Court accepted the Respondent's valuation and assessors' opinions, therefore the Respondent's award of RM383,001.70 is maintained.

Court Disposition

Applicant's claim on identity dismissed without determination; Respondent's compensation award of RM383,001.70 maintained and retained in court; assessors to be paid; no order as to costs.

Orders

  • The Award of RM 383,001.70 made by the Respondent is maintained.
  • The said sum is to be retained in Court until such time the issue of the ownership of the property at hand is decided by an order of Court.