1. ) CSL TECHNOLOGIES (M) SDN BHD 2. ) AMIRTHAM A/P APATHURAI 3. ) LEE THIAM CHYE 4. ) TAN BOON KHEE 1. ) PENGARAH TANAH DAN GALIAN SELANGOR 2. ) Pentadbir Tanah Daerah Klang

1. ) CSL TECHNOLOGIES (M) SDN BHD 2. ) AMIRTHAM A/P APATHURAI 3. ) LEE THIAM CHYE 4. ) TAN BOON KHEE 1. ) PENGARAH TANAH DAN GALIAN SELANGOR 2. ) Pentadbir Tanah Daerah Klang

The court held that formal possession and vesting under the LAA requires issuance of Form K pursuant to s22; because Form K had not been issued for the scheduled lands, formal possession had not been taken and therefore the State Authority lawfully exercised its power under s35(1) to withdraw the acquisition; the judicial review application was dismissed.

Citation
BA-25-15-03/2022 (Mahkamah Tinggi)
Parties
Applicant Tenant/interested Person: CSL TECHNOLOGIES (M) SDN BHD; Applicant Administrator/interested Person: AMIRTHAM A/P APATHURAI; Applicant Owner/interested Person: LEE THIAM CHYE; Applicant Owner/interested Person: TAN BOON KHEE; Applicant Buyer/sublot Purchaser: HARITHS A/L RAJAN; Applicant Owner/interested Person: TEE KIM CHAN; Applicant Owner/interested Person: KEE HEOK KANG; Applicant Owner/interested Person: LAW KOOI KEONG; Applicant Tenant/company Interested Person: HIAP GUAN CHAN TIMBER HARDWARE MERCHANT; Applicant Owner/interested Person: LIM SIOK BUOY; Respondent State Authority: PENGARAH TANAH DAN GALIAN SELANGOR; Respondent Land Administrator/collector: PEJABAT TANAH DAERAH KLANG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 May 2023
Case Number
BA-25-15-03/2022 (Mahkamah Tinggi)
Procedural Posture
Judicial Review / Hearing and Judgment (application Dismissed)
Outcome
Application dismissed
Legal Topics
Land Acquisition, Possession (formal Vs Informal), Section 35 Withdrawal, Form H Vs Form K, Ultra Vires, Certiorari, Mandamus, Compensation
Source Language
Malay/English
Administrative Law Land Law Judicial Review Statutory Interpretation Land Acquisition Possession (formal Vs Informal) Section 35 Withdrawal Form H Vs Form K +4 more

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Parties

CSL TECHNOLOGIES (M) SDN BHD

Applicant Tenant/interested Person

AMIRTHAM A/P APATHURAI

Applicant Administrator/interested Person

LEE THIAM CHYE

Applicant Owner/interested Person

TAN BOON KHEE

Applicant Owner/interested Person

HARITHS A/L RAJAN

Applicant Buyer/sublot Purchaser

TEE KIM CHAN

Applicant Owner/interested Person

KEE HEOK KANG

Applicant Owner/interested Person

LAW KOOI KEONG

Applicant Owner/interested Person

HIAP GUAN CHAN TIMBER HARDWARE MERCHANT

Applicant Tenant/company Interested Person

LIM SIOK BUOY

Applicant Owner/interested Person

PENGARAH TANAH DAN GALIAN SELANGOR

Respondent State Authority

PEJABAT TANAH DAERAH KLANG

Respondent Land Administrator/collector

Procedural Posture

Judicial Review / Hearing and Judgment (application Dismissed)

Legal Issues

  1. 1 Whether possession of scheduled land was taken under the Land Acquisition Act 1960
  2. 2 Whether issuance of Form H constitutes possession preventing withdrawal under s35(1) LAA
  3. 3 Whether Form K is required for formal possession and vesting

Ratio Decidendi

The court held that formal possession and vesting under the LAA requires issuance of Form K pursuant to s22; because Form K had not been issued for the scheduled lands, formal possession had not been taken and therefore the State Authority lawfully exercised its power under s35(1) to withdraw the acquisition; the judicial review application was dismissed.

Court Disposition

Application dismissed

Orders

  • Judicial review application dismissed
  • No order as to costs