WEST COAST EXPRESSWAY SDN BHD Pentadbir Tanah Daerah Klang PENCELAH 1. ) HIAP GUAN CHAN TIMBER HARDWARE MERCHANT 2. ) Tee Kim Chan 3. ) Kee Heok Kang 4. ) Law Kooi Keong

WEST COAST EXPRESSWAY SDN BHD Pentadbir Tanah Daerah Klang PENCELAH 1. ) HIAP GUAN CHAN TIMBER HARDWARE MERCHANT 2. ) Tee Kim Chan 3. ) Kee Heok Kang 4. ) Law Kooi Keong

The High Court upheld the Land Administrator's awards. It found the PTD's market value of RM900 per square metre was supported by the best common comparables and proper adjustments; severance and injurious affection awards of 10% each were justified on the facts (remainder shape, access reduction and bridge obstruction); claims for relocation, temporary rental, loss of income and many building claims were disallowed where structures breached land category/permissions or lacked evidential support. Deposit return and assessor fees were ordered.

Citation
BA-15-141-11/2023 (Mahkamah Tinggi)
Parties
Applicant/concessionaire: West Coast Expressway Sdn Bhd; Respondent/land Administrator: Pentadbir Tanah Daerah Klang; Person Interested/tenant: Hiap Guan Chan Timber Hardware Sdn Bhd; Person Interested/owner (1/16): Tee Kim Chan; Person Interested/owner (1/8): Kee Heok Kang; Person Interested/owner (51/640): Law Kooi Keong; Intervener: Shaik Mohamed Imran bin Mohd Ismet Bashah; Intervener: Fairuz Zafirah binti Zainudin Merican
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 April 2025
Case Number
BA-15-141-11/2023 (Mahkamah Tinggi)
Procedural Posture
Land Reference Under Land Acquisition Act 1960 / High Court Judgment on Consolidated Land References (assessment of Compensation)
Outcome
High Court judgment largely in favour of the Land Administrator; PTD awards maintained in full except where claims lacked entitlement or evidence
Legal Topics
Compulsory Acquisition, Compensation Assessment, Market Value, Severance (pecah Pisah), Injurious Affection, Ancillary Costs, Role of Assessors
Source Language
Malay/English
Land Law Constitutional Law Administrative Law Valuation Law Compulsory Acquisition Compensation Assessment Market Value Severance (pecah Pisah) +3 more

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Parties

West Coast Expressway Sdn Bhd

Applicant/concessionaire

Pentadbir Tanah Daerah Klang

Respondent/land Administrator

Hiap Guan Chan Timber Hardware Sdn Bhd

Person Interested/tenant

Tee Kim Chan

Person Interested/owner (1/16)

Kee Heok Kang

Person Interested/owner (1/8)

Law Kooi Keong

Person Interested/owner (51/640)

Shaik Mohamed Imran bin Mohd Ismet Bashah

Intervener

Fairuz Zafirah binti Zainudin Merican

Intervener

Procedural Posture

Land Reference Under Land Acquisition Act 1960 / High Court Judgment on Consolidated Land References (assessment of Compensation)

Legal Issues

  1. 1 Whether the Land Administrator's award of market value is inadequate
  2. 2 Whether severance and injurious affection awards are justified and quantum appropriate
  3. 3 Whether buildings/structures and ancillary costs are compensable given land category and planning restrictions

Ratio Decidendi

The High Court upheld the Land Administrator's awards. It found the PTD's market value of RM900 per square metre was supported by the best common comparables and proper adjustments; severance and injurious affection awards of 10% each were justified on the facts (remainder shape, access reduction and bridge obstruction); claims for relocation, temporary rental, loss of income and many building claims were disallowed where structures breached land category/permissions or lacked evidential support. Deposit return and assessor fees were ordered.

Court Disposition

High Court judgment largely in favour of the Land Administrator; PTD awards maintained in full except where claims lacked entitlement or evidence

Orders

  • Market value of Scheduled Land maintained at RM900.00 per square metre pursuant to s2(a) First Schedule LAA
  • Other claims for relocation, temporary rental, loss of income and certain ancillary costs are not allowed