CHE UMAR BIN YATIM PENTADBIR TANAH DAERAH LANGKAWI

CHE UMAR BIN YATIM PENTADBIR TANAH DAERAH LANGKAWI

LADA is a person interested under the Land Acquisition Act 1960 because it was expressly named in the Gazette declaration, was served with Form E and Form H, attended the inquiry before the Land Administrator and filed a Form N objection; under binding Federal Court authority a paymaster with those attributes has standing to object to the award.

Citation
KA-15-3-01/2019 digabungkan dengan KA-15-4-01/2019 (Mahkamah Tinggi)
Parties
Applicant (registered Proprietor): Che Umar bin Yatim; Applicant/interested Party (paymaster): Lembaga Pembangunan Langkawi (LADA); Respondent (land Administrator): Pentadbir Tanah Daerah Langkawi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 November 2021
Case Number
KA-15-3-01/2019 digabungkan dengan KA-15-4-01/2019 (Mahkamah Tinggi)
Procedural Posture
Land Acquisition Reference Under the Land Acquisition Act 1960 / Interlocutory Application to Determine Whether a Party Is a Person Interested and Entitled to Object (standing)
Outcome
Applicant's (registered proprietor) application dismissed; court holds LADA is a person interested and entitled to object to the award; LADA's Form N is valid.
Legal Topics
Land Acquisition Act 1960, Person Interested/standing, Service of Form E/form H/form N, Paymaster Status, Reference to Court Under S38
Source Language
Malay/English
Land Law Administrative Law Civil Procedure Statutory Interpretation Land Acquisition Act 1960 Person Interested/standing Service of Form E/form H/form N Paymaster Status +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Che Umar bin Yatim

Applicant (registered Proprietor)

Lembaga Pembangunan Langkawi (LADA)

Applicant/interested Party (paymaster)

Pentadbir Tanah Daerah Langkawi

Respondent (land Administrator)

Procedural Posture

Land Acquisition Reference Under the Land Acquisition Act 1960 / Interlocutory Application to Determine Whether a Party Is a Person Interested and Entitled to Object (standing)

Legal Issues

  1. 1 Whether LADA is a "person interested" under s2 and s37 of the Land Acquisition Act 1960
  2. 2 Whether LADA is entitled to object to the award of compensation made by the Land Administrator
  3. 3 Whether the Form N filed by LADA is null and void

Ratio Decidendi

LADA is a person interested under the Land Acquisition Act 1960 because it was expressly named in the Gazette declaration, was served with Form E and Form H, attended the inquiry before the Land Administrator and filed a Form N objection; under binding Federal Court authority a paymaster with those attributes has standing to object to the award.

Court Disposition

Applicant's (registered proprietor) application dismissed; court holds LADA is a person interested and entitled to object to the award; LADA's Form N is valid.

Orders

  • LADA is declared a person interested under s37 of the Land Acquisition Act 1960
  • LADA is entitled to object to the Land Administrator's award of compensation