ASIAN REGAL HOLDINGS SDN BHD Pentadbir Tanah Daerah Kuala Selangor

ASIAN REGAL HOLDINGS SDN BHD Pentadbir Tanah Daerah Kuala Selangor

The court held the scheduled lands form part of a contiguous agricultural estate and must be valued as estate land under para 1(2D) First Schedule LAA read with s.214A NLC; applicant failed to establish prima facie entitlement to injurious affection and severance in most claims so those claims were dismissed; the Land Administrator's awards were adjusted for estate valuation resulting in revised market values (RM60.00/sqm for Lots 687–693 and RM50.00/sqm for Lot 15) and specified overpaid amounts, with all other awards maintained and assessor fees ordered paid.

Citation
BA-15-89-11/2021 (Mahkamah Tinggi)
Parties
Landowner / Applicant (lr 88 94) / Second Respondent (lr 261): Asian Regal Holdings Sdn Bhd; Respondent / Land Administrator: Pentadbir Tanah Daerah Kuala Selangor; Applicant / Concessionaire (lr 95): West Coast Expressway Sdn Bhd; Applicant (lr 261) / Applying Agent for West Coast Expressway: Lembaga Lebuhraya Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 September 2024
Case Number
BA-15-89-11/2021 (Mahkamah Tinggi)
Procedural Posture
Land Reference Under the Land Acquisition Act 1960 (compulsory Acquisition) / Judgment (land Reference Court)
Outcome
Landowner’s objections allowed in part (reclassification as estate land and market value adjustments) and otherwise dismissed; overpaid amounts quantified and assessor fees ordered.
Legal Topics
Land Acquisition, Compensation, Market Value, Injurious Affection, Severance, Estate Land Valuation, Land Reference Procedure, Role of Assessors
Source Language
Malay/English
Land Law Administrative Law Constitutional Law Public Law Valuation Law Land Acquisition Compensation Market Value +5 more

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Parties

Asian Regal Holdings Sdn Bhd

Landowner / Applicant (lr 88 94) / Second Respondent (lr 261)

Pentadbir Tanah Daerah Kuala Selangor

Respondent / Land Administrator

West Coast Expressway Sdn Bhd

Applicant / Concessionaire (lr 95)

Lembaga Lebuhraya Malaysia

Applicant (lr 261) / Applying Agent for West Coast Expressway

Procedural Posture

Land Reference Under the Land Acquisition Act 1960 (compulsory Acquisition) / Judgment (land Reference Court)

Legal Issues

  1. 1 Whether the scheduled lots constitute estate land under s.214A National Land Code and para 1(2D) First Schedule LAA; effect on market value assessment
  2. 2 Whether injurious affection and severance claims are established and compensable
  3. 3 Whether applicant's valuation established a prima facie case under Third Schedule para 2(1) LAA

Ratio Decidendi

The court held the scheduled lands form part of a contiguous agricultural estate and must be valued as estate land under para 1(2D) First Schedule LAA read with s.214A NLC; applicant failed to establish prima facie entitlement to injurious affection and severance in most claims so those claims were dismissed; the Land Administrator's awards were adjusted for estate valuation resulting in revised market values (RM60.00/sqm for Lots 687–693 and RM50.00/sqm for Lot 15) and specified overpaid amounts, with all other awards maintained and assessor fees ordered paid.

Court Disposition

Landowner’s objections allowed in part (reclassification as estate land and market value adjustments) and otherwise dismissed; overpaid amounts quantified and assessor fees ordered.

Orders

  • LR BA-15-88-11/2021 (Lot 693): market value RM60.00 per square metre; overpaid amount RM12300.00; all other claims dismissed; other awards of Land Administrator maintained; deposit returned to applicant; applicant to pay two assessors RM500.00 each within 7 days.
  • LR BA-15-89-11/2021 (Lot 692): market value RM60.00 per square metre; overpaid amount RM36600.00; all other claims dismissed; other awards of Land Administrator maintained; deposit returned to applicant; applicant to pay two assessors RM500.00 each within 7 days.