ABU BAKAR BIN ISMAIL PENTADBIR TANAH DAERAH LANGKAWI

ABU BAKAR BIN ISMAIL 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, it qualified as a 'person interested' under the Land Acquisition Act 1960 (s2(1) read with s37) and therefore was entitled to object to the award; the Form N filed by LADA is valid.

Citation
KA-15-62-06/2019 digabungkan dengan KA-15-63-06/2019 (Mahkamah Tinggi)
Parties
PEMOHON: Abu Bakar bin Ismail; PEMOHON: Lembaga Pembangunan Langkawi (LADA); PENENTANG: Pentadbir Tanah Daerah Langkawi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 December 2021
Case Number
KA-15-62-06/2019 digabungkan dengan KA-15-63-06/2019 (Mahkamah Tinggi)
Procedural Posture
Land Acquisition Reference Under the Land Acquisition Act 1960 (act 486) / Interlocutory/application Hearing Under Rules 14 a and 33 KKM 2012 for Preliminary Determination of Person Interested and Validity of Form N
Outcome
Application determined in favour of LADA: LADA held to be a person interested under s37 LAA 1960; LADA entitled to object to the award; LADA's Form N is valid and not null and void.
Legal Topics
Land Acquisition Act 1960, Person Interested Under S37, Service of Forms E and H, Paymaster Standing, Form N Objection Procedure
Source Language
Malay/English
Land Law Administrative Law Statutory Interpretation Civil Procedure Land Acquisition Act 1960 Person Interested Under S37 Service of Forms E and H Paymaster Standing +1 more

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Parties

Abu Bakar bin Ismail

PEMOHON

Lembaga Pembangunan Langkawi (LADA)

PEMOHON

Pentadbir Tanah Daerah Langkawi

PENENTANG

Procedural Posture

Land Acquisition Reference Under the Land Acquisition Act 1960 (act 486) / Interlocutory/application Hearing Under Rules 14 a and 33 KKM 2012 for Preliminary Determination of Person Interested and Validity of Form N

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
  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, it qualified as a 'person interested' under the Land Acquisition Act 1960 (s2(1) read with s37) and therefore was entitled to object to the award; the Form N filed by LADA is valid.

Court Disposition

Application determined in favour of LADA: LADA held to be a person interested under s37 LAA 1960; LADA entitled to object to the award; LADA's Form N is valid and not null and void.

Orders

  • LADA is a person interested within the meaning of section 37 of the Land Acquisition Act 1960.
  • LADA is entitled to object to the Land Administrator's award in the land reference.