WEST COAST EXPRESSWAY SDN BHD Pentadbir Tanah Daerah Klang PENCELAH 1. ) Kuna Selan A/l Ramasamy [Sebagai Wasi Harta Pusaka Kepada Amirtham A/p Apathurai (No. K/p:- 480611-10-5676)] 2. ) Lim Aik Say 3. ) Vasantha A/p Muthusamy 4. ) Lim Aik

WEST COAST EXPRESSWAY SDN BHD Pentadbir Tanah Daerah Klang PENCELAH 1. ) Kuna Selan A/l Ramasamy [Sebagai Wasi Harta Pusaka Kepada Amirtham A/p Apathurai (No. K/p:- 480611-10-5676)] 2. ) Lim Aik Say 3. ) Vasantha A/p Muthusamy 4. ) Lim Aik

The court fixed fair market value of the Scheduled Land at RM900.00 per square metre as at valuation date (27 May 2021) and, applying the First Schedule of the LAA and established principles, upheld the Land Administrator's awards in substance. The court adjusted certain heads (severance and injurious affection) and awarded specified additional sums per land reference where justified; it refused compensation for structures and claims that breached title conditions or lacked documentary proof; ancillary costs awarded by PTD were maintained where lawfully claimed and where objecting party could not deprive non‑objecting co‑owners of awards.

Citation
BA-15-140-11/2023 (Mahkamah Tinggi)
Parties
Applicant Highway Concessionaire and Paymaster: WEST COAST EXPRESSWAY SDN BHD; Respondent Land Administrator: PENTADBIR TANAH DAERAH KLANG; Landowner (plot K): AMIRTHAM A/P APATHURAI; Landowner (plot D): LIM AIK SAY; Landowner (plot N): VASANTHA A/P MUTHUSAMY; Landowner (plot O): RUKUMANI A/P PERUMAL; Landowner (plot F): LIM AIK SOON; Landowner (plot C): TAN BOON KHEE
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 July 2025
Case Number
BA-15-140-11/2023 (Mahkamah Tinggi)
Procedural Posture
Reference Under Land Acquisition Act 1960 (land Reference) Consolidated / Grounds of Judgment (final Decision by High Court)
Outcome
Consolidated land references decided. Market value maintained at RM900.00 per square metre. PTD awards generally upheld. Specific additional compensation for severance and/or injurious affection awarded in certain references as set out below. Ancillary costs awarded by PTD are maintained where lawfully claimed....
Legal Topics
Compulsory Acquisition, Compensation Assessment, Market Value Determination, Severance, Injurious Affection, Ancillary Costs, Assessors' Opinions
Source Language
Malay/English
Constitutional Law Land Law Administrative Law Property Valuation Compulsory Acquisition Compensation Assessment Market Value Determination Severance +3 more

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Parties

WEST COAST EXPRESSWAY SDN BHD

Applicant Highway Concessionaire and Paymaster

PENTADBIR TANAH DAERAH KLANG

Respondent Land Administrator

AMIRTHAM A/P APATHURAI

Landowner (plot K)

LIM AIK SAY

Landowner (plot D)

VASANTHA A/P MUTHUSAMY

Landowner (plot N)

RUKUMANI A/P PERUMAL

Landowner (plot O)

LIM AIK SOON

Landowner (plot F)

TAN BOON KHEE

Landowner (plot C)

Procedural Posture

Reference Under Land Acquisition Act 1960 (land Reference) Consolidated / Grounds of Judgment (final Decision by High Court)

Legal Issues

  1. 1 What is the correct market value per square metre for the Scheduled Land as at valuation date (27 May 2021)?
  2. 2 Whether compensation for buildings/structures should be allowed where land use/structures breach National Land Code conditions
  3. 3 Appropriate rates for severance (pecah pisah) and injurious affection and apportionment among co-owners

Ratio Decidendi

The court fixed fair market value of the Scheduled Land at RM900.00 per square metre as at valuation date (27 May 2021) and, applying the First Schedule of the LAA and established principles, upheld the Land Administrator's awards in substance. The court adjusted certain heads (severance and injurious affection) and awarded specified additional sums per land reference where justified; it refused compensation for structures and claims that breached title conditions or lacked documentary proof; ancillary costs awarded by PTD were maintained where lawfully claimed and where objecting party could not deprive non‑objecting co‑owners of awards.

Court Disposition

Consolidated land references decided. Market value maintained at RM900.00 per square metre. PTD awards generally upheld. Specific additional compensation for severance and/or injurious affection awarded in certain references as set out below. Ancillary costs awarded by PTD are maintained where lawfully claimed....

Orders

  • BA-15-140-11/2023: Market value under First Schedule s.2(a) maintained at RM900.00 per sqm; PTD awards otherwise maintained; deposit returned; assessor fees (private RM500 and government RM500) to be borne by applicant and paid within 7 days.
  • BA-15-83-10/2023: Market value maintained at RM900.00 per sqm; additional compensation for severance and injurious affection awarded in total RM29,742.91 (payable with 5% p.a. late interest until full settlement); other PTD awards maintained; deposit returned; assessor fees (private RM500 and government RM500)...