Lim Wah Tian PENTADBIR TANAH DAERAH KLANG

Lim Wah Tian PENTADBIR TANAH DAERAH KLANG

The court held that the concessionaire/paymaster has locus standi to bring a land reference; maintained the market value at RM500.00 per sq.m.; allowed and increased the injurious affection/severance award (additional RM61,940, cumulative award RM832,750) but disallowed all compensation for buildings, loss of rental and tenants' claims because the buildings and uses contravened the title/express conditions and thus fall to be disregarded under the First Schedule; assessors’ reports assisted the court but the judge made the final determinations and adjustments with reasons.

Citation
BA-15-207-07/2018 (Mahkamah Tinggi)
Parties
Applicant (concessionaire/paymaster): West Coast Expressway Sdn Bhd; First Respondent (land Administrator): Pentadbir Tanah Daerah Klang; Second Respondent (registered Landowner): Lim Wah Tian; Third Respondent (tenant): Phima Enterprise Sdn Bhd; Fourth Respondent (tenant): Fukar Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 February 2024
Case Number
BA-15-207-07/2018 (Mahkamah Tinggi)
Procedural Posture
Land Reference Under the Land Acquisition Act 1960 (section 38) / Judgment Delivered (final Determination of Compensation)
Outcome
Reference allowed in part and award varied
Legal Topics
Compulsory Acquisition, Compensation Assessment, Injurious Affection, Severance, Locus Standi of Concessionaire, Illegal Development (excluded Compensation), Assessors' Opinion
Source Language
Malay/English
Land Law Public/administrative Law Constitutional Law Valuation Law Compulsory Acquisition Compensation Assessment Injurious Affection Severance +3 more

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Parties

West Coast Expressway Sdn Bhd

Applicant (concessionaire/paymaster)

Pentadbir Tanah Daerah Klang

First Respondent (land Administrator)

Lim Wah Tian

Second Respondent (registered Landowner)

Phima Enterprise Sdn Bhd

Third Respondent (tenant)

Fukar Sdn Bhd

Fourth Respondent (tenant)

Procedural Posture

Land Reference Under the Land Acquisition Act 1960 (section 38) / Judgment Delivered (final Determination of Compensation)

Legal Issues

  1. 1 Whether the concessionaire/paymaster (applicant) had locus standi to file Form N and be a person interested under section 37(3)
  2. 2 Proper market value for the acquired land and appropriate comparables/adjustments
  3. 3 Whether severance/injurious affection compensation was payable and quantum

Ratio Decidendi

The court held that the concessionaire/paymaster has locus standi to bring a land reference; maintained the market value at RM500.00 per sq.m.; allowed and increased the injurious affection/severance award (additional RM61,940, cumulative award RM832,750) but disallowed all compensation for buildings, loss of rental and tenants' claims because the buildings and uses contravened the title/express conditions and thus fall to be disregarded under the First Schedule; assessors’ reports assisted the court but the judge made the final determinations and adjustments with reasons.

Court Disposition

Reference allowed in part and award varied

Orders

  • Market value for the acquired land fixed at RM500.00 per square metre
  • Increase of injurious affection/severance compensation by RM61,940.00 resulting in total injurious affection award of RM832,750.00