WEST COAST EXPRESSWAY SDN BHD Pentadbir Tanah Daerah Klang PENCELAH 1. ) ONG YE HOOK 2. ) VANUKUPPAL A/L SUPRIMIANAM 3. ) ONG YE SOON 4. ) LEE FOOI YOW 5. ) NALLAPPAN A/L MARAPPAN 6. ) HOO KIK MING 7. ) MUTHUSAMY A/L MARAPPAN 8. ) YAP YOON

WEST COAST EXPRESSWAY SDN BHD Pentadbir Tanah Daerah Klang PENCELAH 1. ) ONG YE HOOK 2. ) VANUKUPPAL A/L SUPRIMIANAM 3. ) ONG YE SOON 4. ) LEE FOOI YOW 5. ) NALLAPPAN A/L MARAPPAN 6. ) HOO KIK MING 7. ) MUTHUSAMY A/L MARAPPAN 8. ) YAP YOON

After evaluating comparables and assessor reports the Court increased the market value of the scheduled land to RM785.00 per square metre; upheld PTD's awards for severance (RM255,709.60) and land development costs, allowed compensation for seven residential buildings, reduced and quantified injurious affection to 5% of residual land value (RM1,320,605.50), ordered payment of additional compensation totaling RM1,694,705.50 with interest at 5% p.a. from issuance of Form K until full settlement; dismissed other extra claims and ordered return of filing deposits and payment of assessor fees; no order as to costs.

Citation
BA-15-49-01/2024 (Mahkamah Tinggi)
Parties
Applicant/concessionaire: West Coast Expressway Sdn Bhd; Respondent/land Administrator: Pentadbir Tanah Daerah Klang; Landowner (lead Representative): Ng Soon Beng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 July 2025
Case Number
BA-15-49-01/2024 (Mahkamah Tinggi)
Procedural Posture
Land Reference Under Land Acquisition Act 1960 / Consolidation of Multiple Land References and Final Judgment on Objections and Awards
Outcome
Consolidated references: market value increased and specified awards varied and upheld as set out; other claims dismissed; no order as to costs.
Legal Topics
Compulsory Acquisition, Market Value, Severance, Injurious Affection, Incidental Costs, Assessors' Opinions
Source Language
Malay/English
Land Law Constitutional Law Administrative Law Property Valuation Compulsory Acquisition Market Value Severance Injurious Affection +2 more

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Parties

West Coast Expressway Sdn Bhd

Applicant/concessionaire

Pentadbir Tanah Daerah Klang

Respondent/land Administrator

Ng Soon Beng

Landowner (lead Representative)

Procedural Posture

Land Reference Under Land Acquisition Act 1960 / Consolidation of Multiple Land References and Final Judgment on Objections and Awards

Legal Issues

  1. 1 Proper market value of scheduled land
  2. 2 Entitlement to compensation for buildings and structures on agricultural‑titled land
  3. 3 Appropriate award for severance (diminution in value of residue)

Ratio Decidendi

After evaluating comparables and assessor reports the Court increased the market value of the scheduled land to RM785.00 per square metre; upheld PTD's awards for severance (RM255,709.60) and land development costs, allowed compensation for seven residential buildings, reduced and quantified injurious affection to 5% of residual land value (RM1,320,605.50), ordered payment of additional compensation totaling RM1,694,705.50 with interest at 5% p.a. from issuance of Form K until full settlement; dismissed other extra claims and ordered return of filing deposits and payment of assessor fees; no order as to costs.

Court Disposition

Consolidated references: market value increased and specified awards varied and upheld as set out; other claims dismissed; no order as to costs.

Orders

  • Market value under First Schedule increased to RM785.00 per square metre for Lot 15771 GRN 316774; additional compensation RM374,100.00 payable to Ng Soon Beng (BA-15-52-01/2024).
  • Ng Soon Beng (BA-15-52-01/2024) awarded injurious affection compensation RM1,320,605.50.