Pentadbir Tanah Daerah Timur Laut PERBADANAN PENGURUSAN TAMAN TEMBAGA

Pentadbir Tanah Daerah Timur Laut PERBADANAN PENGURUSAN TAMAN TEMBAGA

The Court held that paragraph 4(a) First Schedule did not apply to preclude PPTT because PTD's award was not founded on a proper determination of market value and PTD had failed to consider relevant evidence (notably the JPPH valuation); accordingly paragraph 4(a) only binds where the valuation submitted truly represents the Land Administrator's considered market‑value assessment. The Court also held that doctrines of election and estoppel could not defeat statutory and constitutional rights to fair compensation. Therefore the High Court's allowance of PPTT's objection and uplift to RM1,500/sqm and the additional compensation were correct and the appeal was dismissed.

Citation
P-01(A)-608-09/2024 (Mahkamah Rayuan)
Parties
Perayu (appellant): Pentadbir Tanah Daerah Timur Laut Pulau Pinang; Responden (respondent): Perbadanan Pengurusan Taman Tembaga
Court
A
Jurisdiction
Malaysia
Judgment Date
10 December 2025
Case Number
P-01(A)-608-09/2024 (Mahkamah Rayuan)
Procedural Posture
Land Acquisition Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (land Reference)
Outcome
Appeal dismissed; Court of Appeal upholds High Court decision allowing PPTT's objection and award increase.
Legal Topics
Compensation Under Land Acquisition Act 1960, Limitation on Award (first Schedule Para 4(a)), Doctrine of Election, Estoppel, Role and Duties of Land Administrator/assessors, Appealability Under S49(1)
Source Language
Malay/English
Land Law Administrative Law Constitutional Law Equity Compensation Under Land Acquisition Act 1960 Limitation on Award (first Schedule Para 4(a)) Doctrine of Election Estoppel +2 more

Case Brief

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Parties

Pentadbir Tanah Daerah Timur Laut Pulau Pinang

Perayu (appellant)

Perbadanan Pengurusan Taman Tembaga

Responden (respondent)

Procedural Posture

Land Acquisition Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (land Reference)

Legal Issues

  1. 1 Whether paragraph 4(a) of the First Schedule to the Land Acquisition Act 1960 applies to bind an interested person who submitted a valuation at the land enquiry and thus preclude a higher award on reference
  2. 2 Whether the doctrines of election and estoppel preclude the owner (PPTT) from challenging the award given PTD's findings and PPTT's conduct during the enquiry
  3. 3 Whether the Land Administrator (PTD) properly discharged its quasi-judicial duty under s12 to assess market value by considering all relevant valuations including the government valuer (JPPH)

Ratio Decidendi

The Court held that paragraph 4(a) First Schedule did not apply to preclude PPTT because PTD's award was not founded on a proper determination of market value and PTD had failed to consider relevant evidence (notably the JPPH valuation); accordingly paragraph 4(a) only binds where the valuation submitted truly represents the Land Administrator's considered market‑value assessment. The Court also held that doctrines of election and estoppel could not defeat statutory and constitutional rights to fair compensation. Therefore the High Court's allowance of PPTT's objection and uplift to RM1,500/sqm and the additional compensation were correct and the appeal was dismissed.

Court Disposition

Appeal dismissed; Court of Appeal upholds High Court decision allowing PPTT's objection and award increase.

Orders

  • High Court decision upheld increasing market value to RM1,500.00 per square metre
  • PTD to pay additional compensation of RM1,378,355.00 to PPTT with late payment charge at 5% per annum from date of Form K under the Act