LIM MENG YIOW PENTADBIR TANAH DAERAH JOHOR BAHRU

LIM MENG YIOW PENTADBIR TANAH DAERAH JOHOR BAHRU

The court upheld the respondent's compensation awards because the applicant failed to adduce admissible material to import another court's award as a comparison (Third Schedule procedural rules require affidavit and opportunity for comment), valuation comparisons must follow statutory evidentiary rules, and although the building was unauthorised and normally disregarded under s.1(3A) First Schedule, the court maintained the building award of RM246,100.00 because it had already been granted by the respondent at the inquiry; the applicant's requests for increased land and building awards were rejected.

Citation
JA-15-37-07/2021 (Mahkamah Tinggi)
Parties
PEMOHON: LIM MENG YIOW; RESPONDEN: PENTADBIR TANAH DAERAH JOHOR BAHRU
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 May 2022
Case Number
JA-15-37-07/2021 (Mahkamah Tinggi)
Procedural Posture
Reference Under S.38 Land Acquisition Act 1960 / High Court Judgment on Reference (determination of Compensation)
Outcome
Reference dismissed; respondent's awards for land and building upheld
Legal Topics
Compensation Valuation, Admissibility of Comparative Awards, Unauthorised Building (disregard of Value), Third Schedule Procedures
Source Language
Malay/English
Land Law Compulsory Acquisition Administrative Law Evidence Law (procedure) Compensation Valuation Admissibility of Comparative Awards Unauthorised Building (disregard of Value) Third Schedule Procedures

Case Brief

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Parties

LIM MENG YIOW

PEMOHON

PENTADBIR TANAH DAERAH JOHOR BAHRU

RESPONDEN

Procedural Posture

Reference Under S.38 Land Acquisition Act 1960 / High Court Judgment on Reference (determination of Compensation)

Legal Issues

  1. 1 Whether the compensation for land should be increased to match adjacent Lot 83 or to RM6,000 per sqm
  2. 2 Whether comparative awards from other reference cases can be relied upon without admissible records/affidavits
  3. 3 Whether an unauthorised building is entitled to compensation

Ratio Decidendi

The court upheld the respondent's compensation awards because the applicant failed to adduce admissible material to import another court's award as a comparison (Third Schedule procedural rules require affidavit and opportunity for comment), valuation comparisons must follow statutory evidentiary rules, and although the building was unauthorised and normally disregarded under s.1(3A) First Schedule, the court maintained the building award of RM246,100.00 because it had already been granted by the respondent at the inquiry; the applicant's requests for increased land and building awards were rejected.

Court Disposition

Reference dismissed; respondent's awards for land and building upheld

Orders

  • Award for land in the amount of RM4,195,578.20 (RM5,500.00 per sqm) upheld
  • Award for building in the amount of RM246,100.00 upheld