JH CAPITAL SERVICES SDN BHD (No. Syarikat: 989956-W) PENTADBIR TANAH DAERAH PETALING

JH CAPITAL SERVICES SDN BHD (No. Syarikat: 989956-W) PENTADBIR TANAH DAERAH PETALING

The Court held the High Court correctly considered market value (including potential future development) and lawfully increased the award to RM5,000 per sqm; the appellant failed to discharge the burden to show the award was inadequate under the principle of equivalence; appeal dismissed and High Court decision affirmed; challenges to quantum are barred except on questions of law and no such question was raised.

Citation
B-01(A)-134-03/2019 (Mahkamah Rayuan)
Parties
Appellant/pemohon: JH Capital Services Sdn Bhd; Respondent/responden: Pentadbir Tanah Daerah Petaling
Court
A
Jurisdiction
Malaysia
Judgment Date
14 November 2019
Case Number
B-01(A)-134-03/2019 (Mahkamah Rayuan)
Procedural Posture
Land Acquisition Reference Appeal Under Land Acquisition Act 1960 / Appeal to the Court of Appeal (judgment on Appeal)
Outcome
Appeal dismissed; High Court decision affirmed
Legal Topics
Land Acquisition Act 1960, Compensation, Principle of Equivalence, Appealability, Market Value, Potentialities, Assessors
Source Language
Malay/English
Land Law Constitutional Law Administrative Law Civil Procedure Land Acquisition Act 1960 Compensation Principle of Equivalence Appealability +3 more

Case Brief

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Parties

JH Capital Services Sdn Bhd

Appellant/pemohon

Pentadbir Tanah Daerah Petaling

Respondent/responden

Procedural Posture

Land Acquisition Reference Appeal Under Land Acquisition Act 1960 / Appeal to the Court of Appeal (judgment on Appeal)

Legal Issues

  1. 1 Whether the compensation awarded was inadequate and failed to follow the principle of equivalence
  2. 2 Whether the High Court and Land Administrator failed to consider potentialities and interest elements when assessing market value
  3. 3 Whether the appellant may appeal the quantum of compensation to the Court of Appeal given s.40D(3) and proviso to s.49(1) of the Act

Ratio Decidendi

The Court held the High Court correctly considered market value (including potential future development) and lawfully increased the award to RM5,000 per sqm; the appellant failed to discharge the burden to show the award was inadequate under the principle of equivalence; appeal dismissed and High Court decision affirmed; challenges to quantum are barred except on questions of law and no such question was raised.

Court Disposition

Appeal dismissed; High Court decision affirmed

Orders

  • Appeal dismissed with costs of RM10,000.00 payable by appellant (subject to allocatur fees)
  • High Court award affirmed including increase of market value to RM5,000.00 per square metre and additional award of RM1,314,000.00 to appellant