TEE KIM ONG Pentadbir Tanah dan Daerah PENCELAH WEST COAST EXPRESSWAY SDN. BHD.

TEE KIM ONG Pentadbir Tanah dan Daerah PENCELAH WEST COAST EXPRESSWAY SDN. BHD.

S.38(5) is directory rather than mandatory because s.38(6) expressly permits extension; non‑compliance by the Land Administrator does not oust the court's jurisdiction; the court may grant an extension to regularise late filing of Form O where delay is minor and causes no prejudice; accordingly WCE's strike‑out application is dismissed and the Applicant's extension application is allowed.

Citation
BA-15-234-07/2018 (Mahkamah Tinggi)
Parties
Applicant / Landowner: Tee Kim Ong; Respondent / Land Administrator: Pentadbir Tanah Daerah Klang; Party Interested: West Coast Expressway Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 November 2024
Case Number
BA-15-234-07/2018 (Mahkamah Tinggi)
Procedural Posture
Land Reference Arising From Compulsory Acquisition / Objection to Compensation / Interlocutory Applications to Strike Out and to Extend Time (pre‑hearing)
Outcome
WCE's application to strike out dismissed; Applicant's application to extend time allowed; costs in the cause.
Legal Topics
Compulsory Acquisition, Land Acquisition Compensation, Statutory Time Limits, Extension of Time, Jurisdiction
Source Language
Malay/English
Land Law Administrative Law Civil Procedure Constitutional Law Compulsory Acquisition Land Acquisition Compensation Statutory Time Limits Extension of Time +1 more

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Parties

Tee Kim Ong

Applicant / Landowner

Pentadbir Tanah Daerah Klang

Respondent / Land Administrator

West Coast Expressway Sdn Bhd

Party Interested

Procedural Posture

Land Reference Arising From Compulsory Acquisition / Objection to Compensation / Interlocutory Applications to Strike Out and to Extend Time (pre‑hearing)

Legal Issues

  1. 1 Whether s.38(5) of the Land Acquisition Act 1960 is mandatory and non‑compliance ousts the court's jurisdiction
  2. 2 Whether the court may grant an extension of time under s.38(6) where Form O was filed late
  3. 3 Whether the Applicant should be penalised for delay caused by the Land Administrator

Ratio Decidendi

S.38(5) is directory rather than mandatory because s.38(6) expressly permits extension; non‑compliance by the Land Administrator does not oust the court's jurisdiction; the court may grant an extension to regularise late filing of Form O where delay is minor and causes no prejudice; accordingly WCE's strike‑out application is dismissed and the Applicant's extension application is allowed.

Court Disposition

WCE's application to strike out dismissed; Applicant's application to extend time allowed; costs in the cause.

Orders

  • Enclosure 50 (WCE application to strike out Form O) dismissed
  • Enclosure 52 (Applicant's application to extend time) allowed; time for filing Form O extended to 30.7.2018