ABU BAKAR BIN ISAIL PENTADBIR TANAH DAERAH LANGKAWI

ABU BAKAR BIN ISAIL PENTADBIR TANAH DAERAH LANGKAWI

Because LADA was expressly named in the Gazette (Form D), was served with Form E and Form H, attended the Land Administrator's inquiry and filed Form N, the court held LADA satisfied the requirements to be a 'person interested' under section 37 read with related provisions of the Land Acquisition Act 1960; therefore LADA is entitled to object to the award and its Form N is valid.

Citation
KA-15-114-10/2019 digabungkan dengan KA-15-115-10/2019 (Mahkamah Tinggi)
Parties
Applicant (landowner): Abu Bakar bin Ismail; Applicant (intervener / Paymaster): Lembaga Pembangunan Langkawi (LADA); Respondent (land Administrator): Pentadbir Tanah Daerah Langkawi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 December 2021
Case Number
KA-15-114-10/2019 digabungkan dengan KA-15-115-10/2019 (Mahkamah Tinggi)
Procedural Posture
Land Acquisition Reference (land Acquisition Act 1960) / Interlocutory Application Under Rules 14 A/33 (determination of Standing/person Interested)
Outcome
The landowner's application to declare LADA not a person interested is dismissed; LADA is declared a person interested, entitled to object, and its Form N is valid.
Legal Topics
Land Acquisition Act 1960, Person Interested, Standing to Object, Paymaster, Service of Statutory Forms (form E/h/n)
Source Language
Malay/English
Land Law Administrative Law Statutory Interpretation Land Acquisition Act 1960 Person Interested Standing to Object Paymaster Service of Statutory Forms (form E/h/n)

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 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Abu Bakar bin Ismail

Applicant (landowner)

Lembaga Pembangunan Langkawi (LADA)

Applicant (intervener / Paymaster)

Pentadbir Tanah Daerah Langkawi

Respondent (land Administrator)

Procedural Posture

Land Acquisition Reference (land Acquisition Act 1960) / Interlocutory Application Under Rules 14 A/33 (determination of Standing/person Interested)

Legal Issues

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

Ratio Decidendi

Because LADA was expressly named in the Gazette (Form D), was served with Form E and Form H, attended the Land Administrator's inquiry and filed Form N, the court held LADA satisfied the requirements to be a 'person interested' under section 37 read with related provisions of the Land Acquisition Act 1960; therefore LADA is entitled to object to the award and its Form N is valid.

Court Disposition

The landowner's application to declare LADA not a person interested is dismissed; LADA is declared a person interested, entitled to object, and its Form N is valid.

Orders

  • Issue 1 answered: LADA is a 'person interested' under section 37 of the Land Acquisition Act 1960.
  • Issue 2 answered: LADA is entitled to object to the Land Administrator's award of compensation.