ABU BAKAR BIN ISMAIL PENTADBIR TANAH DAERAH LANGKAWI

ABU BAKAR BIN ISMAIL PENTADBIR TANAH DAERAH LANGKAWI

Because LADA was expressly named in the Gazette declaration (Form D), was served with Form E and Form H (evidenced by affidavits and exhibits), attended the Land Administrator's inquiry, and filed a Form N objection, LADA satisfied the statutory and precedent requirements to be a "person interested" under ss 2, 8, 10, 11, 16 and 37 of the Land Acquisition Act 1960; consequently LADA is entitled to object to the award and its Form N is valid.

Citation
KA-15-7-01/2019 digabungkan dengan KA-15-8-01/2019 (Mahkamah Tinggi)
Parties
Registered Proprietor / Applicant (tuan Tanah): Abu Bakar bin Ismail; Interested Party / Applicant (paymaster): Lembaga Pembangunan Langkawi (LADA); Land Administrator / Respondent (penentang): Pentadbir Tanah Daerah Langkawi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 December 2021
Case Number
KA-15-7-01/2019 digabungkan dengan KA-15-8-01/2019 (Mahkamah Tinggi)
Procedural Posture
Land Acquisition Reference (land Acquisition Act 1960) / Judgment on Preliminary/interlocutory Issues Regarding Person Interested and Validity of Form N
Outcome
Application dismissed; LADA held to be a person interested and entitled to object; LADA's Form N declared valid
Legal Topics
Land Acquisition Act 1960, Person Interested, Paymaster, Service of Notices (forms D, E, H), Form N Objections
Source Language
Malay/English
Land Law Administrative Law Statutory Interpretation Land Acquisition Act 1960 Person Interested Paymaster Service of Notices (forms D, E, H) Form N Objections

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Parties

Abu Bakar bin Ismail

Registered Proprietor / Applicant (tuan Tanah)

Lembaga Pembangunan Langkawi (LADA)

Interested Party / Applicant (paymaster)

Pentadbir Tanah Daerah Langkawi

Land Administrator / Respondent (penentang)

Procedural Posture

Land Acquisition Reference (land Acquisition Act 1960) / Judgment on Preliminary/interlocutory Issues Regarding Person Interested and Validity of Form N

Legal Issues

  1. 1 Whether LADA is a "person interested" under s.37 of the Land Acquisition Act 1960
  2. 2 Whether LADA is entitled to object to the award of compensation by filing Form N
  3. 3 Whether LADA's Form N is null and void

Ratio Decidendi

Because LADA was expressly named in the Gazette declaration (Form D), was served with Form E and Form H (evidenced by affidavits and exhibits), attended the Land Administrator's inquiry, and filed a Form N objection, LADA satisfied the statutory and precedent requirements to be a "person interested" under ss 2, 8, 10, 11, 16 and 37 of the Land Acquisition Act 1960; consequently LADA is entitled to object to the award and its Form N is valid.

Court Disposition

Application dismissed; LADA held to be a person interested and entitled to object; LADA's Form N declared valid

Orders

  • Notis Permohonan dismissed
  • Declaration that Lembaga Pembangunan Langkawi (LADA) is a person interested under s.37 LAA 1960