ASIAN REGAL HOLDINGS SDN BHD Pentadbir Tanah Daerah Kuala Selangor

ASIAN REGAL HOLDINGS SDN BHD Pentadbir Tanah Daerah Kuala Selangor

The court held the scheduled lands constitute estate land under s.214A NLC and must be valued accordingly; the Land Administrator's awards were adjusted to reflect estate valuation (market value RM60.00 per sqm for the involved lots and RM50.00 per sqm for Lot 15) but other claims for injurious affection, severance and consequential costs were rejected for lack of proof or prima facie case; overpayments were quantified and deposits returned; assessor fees ordered paid by applicants.

Citation
BA-15-88-11/2021 (Mahkamah Tinggi)
Parties
Landowner / Applicant (cases 88 94; Second Respondent in 261): Asian Regal Holdings Sdn Bhd; Respondent / Land Administrator: Pentadbir Tanah Daerah Kuala Selangor; Applicant / Concessionaire (case 95): West Coast Expressway Sdn Bhd; Applicant (case 261): Lembaga Lebuhraya Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 September 2024
Case Number
BA-15-88-11/2021 (Mahkamah Tinggi)
Procedural Posture
Land Reference Under the Land Acquisition Act 1960 / Judgment (high Court, Shah Alam)
Outcome
Court partially allowed adjustments to awards by determining estate valuation and revised market values and overpaid amounts; all other claims by the Landowner/Applicants were dismissed and the Land Administrator's remaining awards were maintained.
Legal Topics
Compulsory Acquisition, Compensation, Injurious Affection, Severance, Estate Land Classification, Land Valuation, Procedure of Land Reference
Source Language
Malay/English
Land Law Administrative Law Constitutional Law Valuation Law Compulsory Acquisition Compensation Injurious Affection Severance +3 more

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Parties

Asian Regal Holdings Sdn Bhd

Landowner / Applicant (cases 88 94; Second Respondent in 261)

Pentadbir Tanah Daerah Kuala Selangor

Respondent / Land Administrator

West Coast Expressway Sdn Bhd

Applicant / Concessionaire (case 95)

Lembaga Lebuhraya Malaysia

Applicant (case 261)

Procedural Posture

Land Reference Under the Land Acquisition Act 1960 / Judgment (high Court, Shah Alam)

Legal Issues

  1. 1 Whether the scheduled lands constitute estate land under s.214A National Land Code and must be valued as an estate
  2. 2 Appropriate market value per square metre for the scheduled lands and Lot 15
  3. 3 Whether claims for injurious affection and severance are established and payable

Ratio Decidendi

The court held the scheduled lands constitute estate land under s.214A NLC and must be valued accordingly; the Land Administrator's awards were adjusted to reflect estate valuation (market value RM60.00 per sqm for the involved lots and RM50.00 per sqm for Lot 15) but other claims for injurious affection, severance and consequential costs were rejected for lack of proof or prima facie case; overpayments were quantified and deposits returned; assessor fees ordered paid by applicants.

Court Disposition

Court partially allowed adjustments to awards by determining estate valuation and revised market values and overpaid amounts; all other claims by the Landowner/Applicants were dismissed and the Land Administrator's remaining awards were maintained.

Orders

  • Case BA-15-88-11/2021: market value RM60.00 per square metre; overpaid amount RM12,300.00; all other claims not allowed; other awards of Land Administrator maintained; deposit returned to applicant; applicant to pay two assessors RM500.00 each within 7 days of decision.
  • Case BA-15-89-11/2021: market value RM60.00 per square metre; overpaid amount RM36,600.00; all other claims not allowed; other awards of Land Administrator maintained; deposit returned to applicant; applicant to pay two assessors RM500.00 each within 7 days of decision.