Orchard Circle Sdn Bhd Pentadbir Tanah Daerah Hulu Langat

Orchard Circle Sdn Bhd Pentadbir Tanah Daerah Hulu Langat

There was no valid surrender of the impugned land to the State Authority; consequently the court must assess compensation. Applying the First Schedule of the LAA (including section 1(2BA)), relevant comparables and proper adjustments, the market value of the impugned lands is RM280.00 per square metre, and an increase in award of RM4,839,697.60 is to be paid with late payment charges at 5% p.a. from 20 February 2003 until settlement.

Citation
15-99-09/2012 (Mahkamah Tinggi)
Parties
Applicant (land Reference BA 15 99 09/2012): Orchard Circle Sdn Bhd; Applicant (land Reference BA 15 100 09/2012): Sistem Lingkaran Lebuhraya Kajang Sdn Bhd (SILK); Respondent (land Administrator): Pentadbir Tanah Daerah Hulu Langat
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 June 2025
Case Number
15-99-09/2012 (Mahkamah Tinggi)
Procedural Posture
Land Reference Under the Land Acquisition Act 1960 / High Court Assessment of Compensation Following Remittal by Court of Appeal and Federal Court
Outcome
High Court awarded compensation after assessment: market value fixed, increase in award ordered, interest maintained, other awards maintained and ancillary orders made.
Legal Topics
Compulsory Acquisition, Compensation Assessment, Validity of Surrender, Res Judicata, Valuation Date and Comparables
Source Language
Malay/English
Land Law Constitutional Law Administrative Law Property Valuation Law Compulsory Acquisition Compensation Assessment Validity of Surrender Res Judicata +1 more

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Parties

Orchard Circle Sdn Bhd

Applicant (land Reference BA 15 99 09/2012)

Sistem Lingkaran Lebuhraya Kajang Sdn Bhd (SILK)

Applicant (land Reference BA 15 100 09/2012)

Pentadbir Tanah Daerah Hulu Langat

Respondent (land Administrator)

Procedural Posture

Land Reference Under the Land Acquisition Act 1960 / High Court Assessment of Compensation Following Remittal by Court of Appeal and Federal Court

Legal Issues

  1. 1 Whether there was a valid surrender of the impugned land to the State Authority
  2. 2 Whether an intention to surrender deprives the owner of compensation or reduces market value
  3. 3 Proper date and method for valuation under the LAA and First Schedule (section 1(2BA))

Ratio Decidendi

There was no valid surrender of the impugned land to the State Authority; consequently the court must assess compensation. Applying the First Schedule of the LAA (including section 1(2BA)), relevant comparables and proper adjustments, the market value of the impugned lands is RM280.00 per square metre, and an increase in award of RM4,839,697.60 is to be paid with late payment charges at 5% p.a. from 20 February 2003 until settlement.

Court Disposition

High Court awarded compensation after assessment: market value fixed, increase in award ordered, interest maintained, other awards maintained and ancillary orders made.

Orders

  • Market value of the Impugned Lands fixed at RM280.00 per square metre
  • Increase in award for compensation in land value RM4,839,697.60