Ruzaina Binti Ramli JABATAN KETUA PENGARAH TANAH DAN GALIAN NEGERI KEDAH

Ruzaina Binti Ramli JABATAN KETUA PENGARAH TANAH DAN GALIAN NEGERI KEDAH

The court held the shop building was erected for commercial use in breach of the land's implied agricultural category under s115 NLC 1965 and thus its value is to be disregarded under First Schedule para 1(3A) Land Acquisition Act 1960; the proviso in s53(2) NLC 1965 did not apply because the applicant failed to prove the building was lawfully erected before commencement of the NLC 1965, and municipal approvals did not constitute State Authority approval; accordingly the applicant is not entitled to compensation for the building nor for loss of rental income.

Citation
KA-15-19-09/2020 (Mahkamah Tinggi)
Parties
Pemohon: Ruzaina binti Ramli; Responden: Pentadbib Tanah Daerah Kota Setar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 February 2022
Case Number
KA-15-19-09/2020 (Mahkamah Tinggi)
Procedural Posture
Land Acquisition Reference / High Court Judgment
Outcome
Applicant's objection dismissed; no order as to costs
Legal Topics
Compensation for Buildings on Acquired Land, Disregard of Value for Unlawful Buildings, Application of National Land Code S115 and S53, First Schedule Para 1(3 A) Land Acquisition Act 1960, Pre‑commencement Lawful Erection Proviso
Source Language
Malay/English
Land Law Administrative Law Statutory Interpretation Property Compensation Compensation for Buildings on Acquired Land Disregard of Value for Unlawful Buildings Application of National Land Code S115 and S53 First Schedule Para 1(3 A) Land Acquisition Act 1960 +1 more

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Parties

Ruzaina binti Ramli

Pemohon

Pentadbib Tanah Daerah Kota Setar

Responden

Procedural Posture

Land Acquisition Reference / High Court Judgment

Legal Issues

  1. 1 Whether applicant is entitled to compensation for the building taken under the Land Acquisition Act 1960
  2. 2 Whether applicant is entitled to compensation for loss of rental income arising from the acquisition

Ratio Decidendi

The court held the shop building was erected for commercial use in breach of the land's implied agricultural category under s115 NLC 1965 and thus its value is to be disregarded under First Schedule para 1(3A) Land Acquisition Act 1960; the proviso in s53(2) NLC 1965 did not apply because the applicant failed to prove the building was lawfully erected before commencement of the NLC 1965, and municipal approvals did not constitute State Authority approval; accordingly the applicant is not entitled to compensation for the building nor for loss of rental income.

Court Disposition

Applicant's objection dismissed; no order as to costs

Orders

  • Objection dismissed
  • No order as to costs