NORTHERN GREEN VENTURES SDN BHD PENTADBIR TANAH DAERAH HULU LANGAT

NORTHERN GREEN VENTURES SDN BHD PENTADBIR TANAH DAERAH HULU LANGAT

The LA conducted a proper full enquiry and reasonably adopted the Applicant's valuer's market valuation; paragraph 4(a) of the First Schedule prevents the Applicant from obtaining an award in excess of the amount it claimed at the enquiry; the Applicant failed to discharge the burden of proving the LA's award was inadequate; severance and injurious affection were warranted for Plot A and increased to 25% as assessed by the court's assessor, but claims for loss of development potential, bridge costs and consequential losses were dismissed for lack of planning approval, presence of TNB pylons and insufficient evidence.

Citation
BA-15-154-07/2019 (Mahkamah Tinggi)
Parties
PEMOHON: Northern Green Ventures Sdn Bhd; RESPONDEN: Pentadbir Tanah Daerah Hulu Langat
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 September 2020
Case Number
BA-15-154-07/2019 (Mahkamah Tinggi)
Procedural Posture
Land Reference Under Land Acquisition Act 1960 / Judgment (grounds of Judgment)
Outcome
Applicant's challenge to market value award dismissed and LA's market value award (RM5,980,635.15) upheld; award for severance and injurious affection increased (Plot A) to the 25% figure assessed by the court's assessor; claims for loss of development potential, bridge construction costs and consequential losses...
Legal Topics
Land Acquisition, Market Value Assessment, Injurious Affection, Severance, Procedure of Land Administrator, Assessment of Costs and Consequential Losses, Interest on Compensation
Source Language
Malay/English
Land Law Compensation Law Administrative Law Land Acquisition Market Value Assessment Injurious Affection Severance Procedure of Land Administrator +2 more

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Parties

Northern Green Ventures Sdn Bhd

PEMOHON

Pentadbir Tanah Daerah Hulu Langat

RESPONDEN

Procedural Posture

Land Reference Under Land Acquisition Act 1960 / Judgment (grounds of Judgment)

Legal Issues

  1. 1 Whether the Land Administrator conducted a full inquiry and correctly determined market value
  2. 2 Whether paragraph 4(a) of the First Schedule bars the Applicant from obtaining an award in excess of its claimed valuation
  3. 3 Whether the Applicant is entitled to damages for injurious affection and severance and the proper quantum including claim for bridge costs

Ratio Decidendi

The LA conducted a proper full enquiry and reasonably adopted the Applicant's valuer's market valuation; paragraph 4(a) of the First Schedule prevents the Applicant from obtaining an award in excess of the amount it claimed at the enquiry; the Applicant failed to discharge the burden of proving the LA's award was inadequate; severance and injurious affection were warranted for Plot A and increased to 25% as assessed by the court's assessor, but claims for loss of development potential, bridge costs and consequential losses were dismissed for lack of planning approval, presence of TNB pylons and insufficient evidence.

Court Disposition

Applicant's challenge to market value award dismissed and LA's market value award (RM5,980,635.15) upheld; award for severance and injurious affection increased (Plot A) to the 25% figure assessed by the court's assessor; claims for loss of development potential, bridge construction costs and consequential losses...

Orders

  • Land Administrator's market value award for the acquired portion upheld
  • Severance and injurious affection award increased to the level assessed for Plot A (25%) as adopted by the court