Crescent Pillar Sdn Bhd Pentadbir Tanah dan Daerah

Crescent Pillar Sdn Bhd Pentadbir Tanah dan Daerah

The Court held that R1 and R2 were transacted under special circumstances and were unsuitable comparables; the High Court erred in preferring those comparables over the common comparables; applying the principle of equivalence and proper comparables the fair market value of the scheduled land is RM2,152.85 per...

Source-derived case information.

Citation
B-01(A)-241-05/2019 (Mahkamah Rayuan)
Parties
Appellant: Crescent Pillar Sdn Bhd; Respondent: Pentadbir Tanah Daerah Petaling
Court
A
Jurisdiction
Malaysia
Judgment Date
28 June 2021
Case Number
B-01(A)-241-05/2019 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (land Acquisition) / Court of Appeal Judgment on Appeal From High Court Land Reference
Outcome
Appeal allowed in part; High Court valuation set aside insofar as it relied on unsuitable comparables; market value fixed at RM2,152.85 per square metre (RM200.00 per square foot); costs to successful party subject to allocator.
Legal Topics
Compensation, Market Value Determination, Comparables, Adequate Compensation, Appealability Under S.49 LAA 1960
Land Acquisition Eminent Domain Constitutional Law Property Valuation Compensation Market Value Determination Comparables Adequate Compensation +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Crescent Pillar Sdn Bhd

Appellant

Pentadbir Tanah Daerah Petaling

Respondent

Procedural Posture

Civil Appeal (land Acquisition) / Court of Appeal Judgment on Appeal From High Court Land Reference

Legal Issues

  1. 1 Whether sale transactions effected under special circumstances are suitable comparables to determine market value under paragraph 1 of the First Schedule to the Land Acquisition Act 1960
  2. 2 Whether common comparables between the parties are the best comparables to determine market value
  3. 3 Whether use of unsuitable comparables in valuation denies landowner adequate compensation under Article 13 Federal Constitution

Ratio Decidendi

The Court held that R1 and R2 were transacted under special circumstances and were unsuitable comparables; the High Court erred in preferring those comparables over the common comparables; applying the principle of equivalence and proper comparables the fair market value of the scheduled land is RM2,152.85 per square metre (RM200.00 per square foot); appeal allowed in part and High Court decision set aside insofar as it upheld the lower valuation.

Court Disposition

Appeal allowed in part; High Court valuation set aside insofar as it relied on unsuitable comparables; market value fixed at RM2,152.85 per square metre (RM200.00 per square foot); costs to successful party subject to allocator.

Orders

  • Appeal allowed in part
  • Market value of the Scheduled Land fixed at RM2,152.85 per square metre (RM200.00 per square foot)