ASIAN REGAL HOLDINGS SDN BHD Pentadbir Tanah Daerah Kuala Selangor

ASIAN REGAL HOLDINGS SDN BHD Pentadbir Tanah Daerah Kuala Selangor

The court held that the scheduled lands qualify as estate land under s.214A NLC and paragraph 1(2D) First Schedule LAA; therefore comparisons and valuation must adopt an estate valuation approach. The Landowner failed to establish a prima facie case for severance and injurious affection because their valuer did not properly support those claims in the valuation report. Consequently the court adjusted market values downward (RM60.00/sqm for the consolidated lots in BA-15-88 to BA-15-95 and RM50.00/sqm for BA-15-261) and maintained other aspects of the Land Administrator's awards, returning deposits and ordering specified overpayment adjustments and assessor payments.

Citation
BA-15-90-11/2021 (Mahkamah Tinggi)
Parties
Landowner / Applicant: Asian Regal Holdings Sdn Bhd; Respondent (land Administrator): Pentadbir Tanah Daerah Kuala Selangor; Concessionaire / Applicant: West Coast Expressway Sdn Bhd; Applicant (applying Agent): Lembaga Lebuhraya Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 September 2024
Case Number
BA-15-90-11/2021 (Mahkamah Tinggi)
Procedural Posture
Land Reference Under Land Acquisition Act 1960 / Judgment (final Determination on Compensation)
Outcome
Partially allowed in favour of respondent valuations as adjusted for estate classification; Landowner's additional claims for injurious affection, severance and other consequential losses largely dismissed
Legal Topics
Land Acquisition, Compensation, Injurious Affection, Severance, Estate Land Valuation, Land Reference Procedure, Role of Assessors
Source Language
Malay/English
Land Law Public Law Administrative Law Constitutional Law Valuation Law Land Acquisition Compensation Injurious Affection +4 more

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Parties

Asian Regal Holdings Sdn Bhd

Landowner / Applicant

Pentadbir Tanah Daerah Kuala Selangor

Respondent (land Administrator)

West Coast Expressway Sdn Bhd

Concessionaire / Applicant

Lembaga Lebuhraya Malaysia

Applicant (applying Agent)

Procedural Posture

Land Reference Under Land Acquisition Act 1960 / Judgment (final Determination on Compensation)

Legal Issues

  1. 1 Whether the scheduled lands qualify as estate land under section 214A National Land Code and paragraph 1(2D) First Schedule LAA
  2. 2 Proper basis for assessing market value (estate valuation v individual parcel valuation)
  3. 3 Whether claims for injurious affection and severance are made out

Ratio Decidendi

The court held that the scheduled lands qualify as estate land under s.214A NLC and paragraph 1(2D) First Schedule LAA; therefore comparisons and valuation must adopt an estate valuation approach. The Landowner failed to establish a prima facie case for severance and injurious affection because their valuer did not properly support those claims in the valuation report. Consequently the court adjusted market values downward (RM60.00/sqm for the consolidated lots in BA-15-88 to BA-15-95 and RM50.00/sqm for BA-15-261) and maintained other aspects of the Land Administrator's awards, returning deposits and ordering specified overpayment adjustments and assessor payments.

Court Disposition

Partially allowed in favour of respondent valuations as adjusted for estate classification; Landowner's additional claims for injurious affection, severance and other consequential losses largely dismissed

Orders

  • BA-15-88-11/2021: market value fixed at RM60.00 per square metre; overpaid amount RM12300.00; other claims dismissed; deposit returned to applicant; applicant to pay the two assessors RM500.00 each within 7 days
  • BA-15-89-11/2021: market value fixed at RM60.00 per square metre; overpaid amount RM36600.00; other claims dismissed; deposit returned to applicant; applicant to pay the two assessors RM500.00 each within 7 days