SOUTHERN REALTY (MALAYA) SDN. BHD. Pentadbir Tanah Daerah Hulu Selangor

SOUTHERN REALTY (MALAYA) SDN. BHD. Pentadbir Tanah Daerah Hulu Selangor

The court dismissed the severance/injurious affection claim for Lot 2126 because Lot 2126 was not gazetted/scheduled for acquisition and the LAA limits severance consideration to scheduled land; consequently the Land Administrator's awards were maintained and the assessors' recommendations considered but not determinative.

Citation
BA-15-144-05/2024 (Mahkamah Tinggi)
Parties
Applicant / Pemohon: Southern Realty (Malaya) Sdn Bhd; Respondent / Responden: Pentadbir Tanah Daerah Hulu Selangor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 May 2025
Case Number
BA-15-144-05/2024 (Mahkamah Tinggi)
Procedural Posture
Land Reference Under Land Acquisition Act 1960 (section 38) / High Court Judgment (land Reference)
Outcome
Applicant's severance claim for Lot 2126 dismissed; Land Administrator's awards maintained.
Legal Topics
Compensation, Injurious Affection, Severance, Market Valuation, Procedural Bars to Appeal
Source Language
Malay/English
Land Acquisition Property Law Administrative Law Compensation Injurious Affection Severance Market Valuation Procedural Bars to Appeal

Case Brief

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Parties

Southern Realty (Malaya) Sdn Bhd

Applicant / Pemohon

Pentadbir Tanah Daerah Hulu Selangor

Respondent / Responden

Procedural Posture

Land Reference Under Land Acquisition Act 1960 (section 38) / High Court Judgment (land Reference)

Legal Issues

  1. 1 Whether injurious affection/severance can be claimed for adjacent non‑gazetted Lot 2126
  2. 2 Whether the Land Administrator's market value award of RM135.60/sqm is appropriate
  3. 3 Whether an award of compensation is subject to appeal under s49 LAA

Ratio Decidendi

The court dismissed the severance/injurious affection claim for Lot 2126 because Lot 2126 was not gazetted/scheduled for acquisition and the LAA limits severance consideration to scheduled land; consequently the Land Administrator's awards were maintained and the assessors' recommendations considered but not determinative.

Court Disposition

Applicant's severance claim for Lot 2126 dismissed; Land Administrator's awards maintained.

Orders

  • Severance claim for Lot 2126 dismissed; all other claims disallowed
  • Awards of the Land Administrator are maintained