YUSRI BIN AHMAD PENTADBIR TANAH DAERAH KOTA SETAR

YUSRI BIN AHMAD PENTADBIR TANAH DAERAH KOTA SETAR

The applicant's claim for building compensation was inadmissible because the applicant did not state specific grounds regarding the buildings in Form N and did not obtain the Court's leave to raise new grounds at the hearing as required by s38(2) of the Land Acquisition Act 1960 and binding authorities; therefore the claim for buildings must be dismissed.

Citation
KA-15-16-07/2020 (Mahkamah Tinggi)
Parties
Pemohon: Yusri bin Ahmad; Responden: Pentadbir Tanah Daerah Kota Setar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 October 2021
Case Number
KA-15-16-07/2020 (Mahkamah Tinggi)
Procedural Posture
Land Acquisition Reference / Judgment on Reference Following Hearing
Outcome
Partly allowed: increased land compensation for 1/3 share; claim for building compensation dismissed and award of Land Administrator confirmed insofar as it did not allow building compensation.
Legal Topics
Compensation, Award Objection, Form N Requirements, Leave to Raise New Grounds, Section 38 Land Acquisition Act 1960
Source Language
Malay/English
Land Law Compulsory Acquisition Administrative Law Civil Procedure Compensation Award Objection Form N Requirements Leave to Raise New Grounds +1 more

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Parties

Yusri bin Ahmad

Pemohon

Pentadbir Tanah Daerah Kota Setar

Responden

Procedural Posture

Land Acquisition Reference / Judgment on Reference Following Hearing

Legal Issues

  1. 1 Whether compensation for buildings could be claimed though not specified in Form N
  2. 2 Whether new grounds can be raised at the reference hearing without the Court's leave under s38(2) of the Land Acquisition Act 1960

Ratio Decidendi

The applicant's claim for building compensation was inadmissible because the applicant did not state specific grounds regarding the buildings in Form N and did not obtain the Court's leave to raise new grounds at the hearing as required by s38(2) of the Land Acquisition Act 1960 and binding authorities; therefore the claim for buildings must be dismissed.

Court Disposition

Partly allowed: increased land compensation for 1/3 share; claim for building compensation dismissed and award of Land Administrator confirmed insofar as it did not allow building compensation.

Orders

  • Dismissed the applicant's objection insofar as it sought compensation for buildings; award of the Land Administrator not to include compensation for buildings
  • Increased the land compensation rate from RM14.79 to RM15.79 per square foot for the applicant's 1/3 share