WEST COAST EXPRESSWAY SDN BHD Pentadbir Tanah Daerah Klang PENCELAH 1. ) (Tidak Dibenarkan) Ng Tian Yew 2. ) (tidak dibenarkan) PEMBINAAN TUMPUAN CERGAS SDN BHD 3. ) NG TANN NA 4. ) PEMBINAAN TUMPUAN CERGAS SDN. BHD. 5. ) T. CHELVEE TRADING

WEST COAST EXPRESSWAY SDN BHD Pentadbir Tanah Daerah Klang PENCELAH 1. ) (Tidak Dibenarkan) Ng Tian Yew 2. ) (tidak dibenarkan) PEMBINAAN TUMPUAN CERGAS SDN BHD 3. ) NG TANN NA 4. ) PEMBINAAN TUMPUAN CERGAS SDN. BHD. 5. ) T. CHELVEE TRADING

The Court held that the Land Administrator's award should be upheld: the market value of the scheduled land at RM830 per square metre was not excessive given the common comparables and adjustments; buildings/structures were excluded from compensation because they contravened the agricultural land use restrictions and inclusion would amount to double counting; severance and land development costs awarded by the Land Administrator were reasonable; therefore the awards and deposits were to be maintained with directions for assessor fees to be paid.

Citation
BA-15-153-12/2023 (Mahkamah Tinggi)
Parties
Applicant / Paying Agency (concessionaire): West Coast Expressway Sdn Bhd; Respondent / Land Administrator: Pentadbir Tanah Daerah Klang; Interested Parties / Persons Interested: Interested Persons (consolidated group including multiple landowners and companies)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 February 2025
Case Number
BA-15-153-12/2023 (Mahkamah Tinggi)
Procedural Posture
Land Reference Under Land Acquisition Act 1960 (compulsory Acquisition) / High Court Judgment on Objections (land Reference Court Decision)
Outcome
Award of the Land Administrator upheld; market value maintained at RM830.00 per square metre; certain ancillary claims disallowed (buildings/relocation etc.) while land development costs allowed; deposits returned; assessors' fees ordered paid.
Legal Topics
Compensation Assessment, Market Value Determination, Severance, Land Development Costs, Assessors' Role, Illegality of Land Use
Source Language
Malay/English
Land Law Constitutional Law Administrative Law Valuation Law Expropriation/compulsory Acquisition Compensation Assessment Market Value Determination Severance +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

West Coast Expressway Sdn Bhd

Applicant / Paying Agency (concessionaire)

Pentadbir Tanah Daerah Klang

Respondent / Land Administrator

Interested Persons (consolidated group including multiple landowners and companies)

Interested Parties / Persons Interested

Procedural Posture

Land Reference Under Land Acquisition Act 1960 (compulsory Acquisition) / High Court Judgment on Objections (land Reference Court Decision)

Legal Issues

  1. 1 Whether the Land Administrator's award of compensation was excessive or inadequate
  2. 2 Proper method and comparables for determining market value under First Schedule para 2 and para 1(1A) of LAA 1960
  3. 3 Whether buildings/structures on agricultural‑zoned land are compensable where use breaches National Land Code

Ratio Decidendi

The Court held that the Land Administrator's award should be upheld: the market value of the scheduled land at RM830 per square metre was not excessive given the common comparables and adjustments; buildings/structures were excluded from compensation because they contravened the agricultural land use restrictions and inclusion would amount to double counting; severance and land development costs awarded by the Land Administrator were reasonable; therefore the awards and deposits were to be maintained with directions for assessor fees to be paid.

Court Disposition

Award of the Land Administrator upheld; market value maintained at RM830.00 per square metre; certain ancillary claims disallowed (buildings/relocation etc.) while land development costs allowed; deposits returned; assessors' fees ordered paid.

Orders

  • Market value maintained at RM830.00 per square metre for the scheduled land (BA-15-153-12/2023)
  • All other awards of the Land Administrator maintained for BA-15-153-12/2023