ZAINAB BT HJ AHMAD [NO. K/P: 530916-08-5728] Selaku Pentadbir Harta Pusaka Shamsuddin bin Hj Abdul Rahman, si mati 1. JKP SDN BHD [NO SYKT: 350606-W] 2. KEMENTERIAN PENDIDIKAN MALAYSIA 3. KETUA PENGARAH TANAH DAN GALIAN PULAU PINANG 4. PEND

ZAINAB BT HJ AHMAD [NO. K/P: 530916-08-5728] Selaku Pentadbir Harta Pusaka Shamsuddin bin Hj Abdul Rahman, si mati 1. JKP SDN BHD [NO SYKT: 350606-W] 2. KEMENTERIAN PENDIDIKAN MALAYSIA 3. KETUA PENGARAH TANAH DAN GALIAN PULAU PINANG 4. PEND

Applicants had threshold locus standi and were not time barred because they only became aware of the re-alienation in 2019, but they lacked substantive locus standi and failed to prove the acquiring authority acted in bad faith; section 68A LAA applies to all acquisitions under the Act (including s3(1)(a)) and protects subsequent disposals or uses, therefore the re-alienation and development did not invalidate the acquisition or breach Article 13 FC; applicants who accepted compensation cannot seek to recover land (approbate and reprobate); accordingly all three judicial review applications were dismissed with costs.

Citation
PA-25-12-03/2019 (Mahkamah Tinggi)
Parties
Applicant Pentadbir Harta Pusaka for Shamsuddin Bin Hj Abdul Rahman (deceased): Zainab bt Hj Ahmad; 1st Respondent: JKP Sdn Bhd; 2nd Respondent (removed): Kementerian Pendidikan Malaysia; 3rd Respondent: Ketua Pengarah Tanah dan Galian Pulau Pinang; 4th Respondent: Pendaftar Hakmilik Negeri Pulau Pinang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 July 2021
Case Number
PA-25-12-03/2019 (Mahkamah Tinggi)
Procedural Posture
Judicial Review / High Court Judgment
Outcome
All three judicial review applications dismissed
Legal Topics
Compulsory Acquisition, Section 68 a Land Acquisition Act 1960, Article 13 Federal Constitution, Locus Standi, Delay and Limitation, Re Alienation of Acquired Land
Source Language
Malay/English
Constitutional Law Administrative Law Land Law Compulsory Acquisition Section 68 a Land Acquisition Act 1960 Article 13 Federal Constitution Locus Standi Delay and Limitation +1 more

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Parties

Zainab bt Hj Ahmad

Applicant Pentadbir Harta Pusaka for Shamsuddin Bin Hj Abdul Rahman (deceased)

JKP Sdn Bhd

1st Respondent

Kementerian Pendidikan Malaysia

2nd Respondent (removed)

Ketua Pengarah Tanah dan Galian Pulau Pinang

3rd Respondent

Pendaftar Hakmilik Negeri Pulau Pinang

4th Respondent

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether applicants have locus standi to challenge subsequent disposal of acquired land
  2. 2 Whether applicants' challenges were time barred under Order 53 rule 3(6) ROC and PAPA s2
  3. 3 Whether section 68A LAA protects subsequent disposal of land acquired under section 3(1)(a) LAA

Ratio Decidendi

Applicants had threshold locus standi and were not time barred because they only became aware of the re-alienation in 2019, but they lacked substantive locus standi and failed to prove the acquiring authority acted in bad faith; section 68A LAA applies to all acquisitions under the Act (including s3(1)(a)) and protects subsequent disposals or uses, therefore the re-alienation and development did not invalidate the acquisition or breach Article 13 FC; applicants who accepted compensation cannot seek to recover land (approbate and reprobate); accordingly all three judicial review applications were dismissed with costs.

Court Disposition

All three judicial review applications dismissed

Orders

  • Applications dismissed
  • Costs of RM10,000.00 awarded to 1st respondent, subject to allocatur fee