NORTHERN GREEN VENTURES SDN BHD PENTADBIR TANAH HULU LANGAT

NORTHERN GREEN VENTURES SDN BHD PENTADBIR TANAH HULU LANGAT

No breach of natural justice: statute imposes no duty to disclose JPPH report at land enquiry; Section 12 and Third Schedule govern procedure. Paragraph 4(a) of the First Schedule precludes a claimant from obtaining an award for market value in excess of the valuation/amount it submitted at the land enquiry; therefore appellant could not pursue the higher JPPH valuation at Land Reference. Assessors were entitled to give written factual opinions under ss.40A/40C and the judge properly exercised independent judgment. Plot A is landlocked on the evidence and warrants additional compensation; Court awards RM600,000 for construction of a connecting road and 5% late payment charges from date of...

Citation
B-01(A)-553-10/2020 (Mahkamah Rayuan)
Parties
Appellant / Perayu / Registered Proprietor: Northern Green Ventures Sdn Bhd; Respondent / Land Administrator: Pentadbir Tanah, Hulu Langat
Court
A
Jurisdiction
Malaysia
Judgment Date
19 August 2022
Case Number
B-01(A)-553-10/2020 (Mahkamah Rayuan)
Procedural Posture
Land Acquisition Act Reference Appeal / Court of Appeal Judgment on Questions of Law Arising From High Court Land Reference
Outcome
Appeal allowed in part; Court affirmed High Court's conclusions except ordered additional compensation for access and late payment interest; otherwise High Court and Land Administrator awards maintained; no order as to costs.
Legal Topics
Compulsory Acquisition, Injurious Affection, Severance, Natural Justice and Disclosure, Assessment of Market Value, Role of Assessors, Limitation on Awards (paragraph 4(a) First Schedule), Planning Permission and Development Potential, Legal Access/landlocked, Late Payment Interest
Source Language
Malay/English
Land Law Administrative Law Constitutional Law Valuation Law Property Compensation Law Compulsory Acquisition Injurious Affection Severance +7 more

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Parties

Northern Green Ventures Sdn Bhd

Appellant / Perayu / Registered Proprietor

Pentadbir Tanah, Hulu Langat

Respondent / Land Administrator

Procedural Posture

Land Acquisition Act Reference Appeal / Court of Appeal Judgment on Questions of Law Arising From High Court Land Reference

Legal Issues

  1. 1 Whether non‑disclosure of government valuer (JPPH) report at land enquiry breached natural justice
  2. 2 Whether appellant bound by its own valuation submitted at land enquiry and barred from claiming higher market value at Land Reference (Paragraph 4(a))
  3. 3 Whether endorsement of government valuer by appellant establishes prima facie case of inadequacy

Ratio Decidendi

No breach of natural justice: statute imposes no duty to disclose JPPH report at land enquiry; Section 12 and Third Schedule govern procedure. Paragraph 4(a) of the First Schedule precludes a claimant from obtaining an award for market value in excess of the valuation/amount it submitted at the land enquiry; therefore appellant could not pursue the higher JPPH valuation at Land Reference. Assessors were entitled to give written factual opinions under ss.40A/40C and the judge properly exercised independent judgment. Plot A is landlocked on the evidence and warrants additional compensation; Court awards RM600,000 for construction of a connecting road and 5% late payment charges from date of...

Court Disposition

Appeal allowed in part; Court affirmed High Court's conclusions except ordered additional compensation for access and late payment interest; otherwise High Court and Land Administrator awards maintained; no order as to costs.

Orders

  • Respondent to pay appellant additional compensation of RM600000.00 for construction of road access between severed plots
  • Respondent to pay appellant 5% late payment charges from date of Borang K