SRI ALAM SDN BHD Pentadbir Tanah Pejabat Tanah dan Daerah Sepang

SRI ALAM SDN BHD Pentadbir Tanah Pejabat Tanah dan Daerah Sepang

Applicant failed to establish a prima facie case that the Land Administrator's awards were inadequate; common comparables and detailed adjustments supported the Land Administrator's RM130/sqm award and assessors concurred; injurious affection, severance and neighbouring compensation claims were not substantiated by evidence and therefore rejected; award maintained.

Citation
BA-15-68-10/2020 (Mahkamah Tinggi)
Parties
PEMOHON: SRI ALAM SDN BHD (21739-T); RESPONDEN: PENTADBIR TANAH DAN DAERAH SEPANG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 May 2023
Case Number
BA-15-68-10/2020 (Mahkamah Tinggi)
Procedural Posture
Land Reference Under Section 38(5) Land Acquisition Act 1960 / Judgment Reference Dismissed; Award Maintained
Outcome
Land Administrator's awards maintained; applicant's objections dismissed
Legal Topics
Compensation, Market Value, Injurious Affection, Severance, Assessors' Opinions, Comparables
Source Language
Malay/English
Land Law Constitutional Law Administrative Law Valuation Law Compensation Market Value Injurious Affection Severance +2 more

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Parties

SRI ALAM SDN BHD (21739-T)

PEMOHON

PENTADBIR TANAH DAN DAERAH SEPANG

RESPONDEN

Procedural Posture

Land Reference Under Section 38(5) Land Acquisition Act 1960 / Judgment Reference Dismissed; Award Maintained

Legal Issues

  1. 1 Whether the Land Administrator's compensation award is adequate
  2. 2 Proper method to determine market value and choice of comparables
  3. 3 Whether injurious affection and severance claims are provable and quantifiable

Ratio Decidendi

Applicant failed to establish a prima facie case that the Land Administrator's awards were inadequate; common comparables and detailed adjustments supported the Land Administrator's RM130/sqm award and assessors concurred; injurious affection, severance and neighbouring compensation claims were not substantiated by evidence and therefore rejected; award maintained.

Court Disposition

Land Administrator's awards maintained; applicant's objections dismissed

Orders

  • Land Administrator's awards for the scheduled lands are maintained
  • Applicant to pay the two assessors' fees of RM500.00 each