SPRINGSPHERE SDN. BHD. PENTADBIR TANAH DAERAH JOHOR BAHRU

SPRINGSPHERE SDN. BHD. PENTADBIR TANAH DAERAH JOHOR BAHRU

Court accepted assessors' adjustments to comparable sales and fixed market value for Lot 444 at RM6,135.00 per square metre; granted additional compensation of RM2,141,535.46 comprised of market value uplift for the acquired area and injurious affection to remainder of Lot 444 (5%) and Lot 1188 (10%); severance and incidental development costs were rejected due to lack of evidence and expiry/speculative nature of planning permissions.

Citation
JA-15-33-07/2021 (Mahkamah Tinggi)
Parties
Appellant/perayu: Springsphere Sdn Bhd; Respondent/responden: Pentadbir Tanah Daerah Johor Bahru
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 August 2025
Case Number
JA-15-33-07/2021 (Mahkamah Tinggi)
Procedural Posture
Land Acquisition Reference Under Land Acquisition Act 1960 (act 486) / High Court Judgment on Reference
Outcome
Original award varied in part: market value adjusted and injurious affection awarded; severance and incidental costs denied; net additional compensation payable to applicant.
Legal Topics
Eminent Domain, Compensation, Market Value, Injurious Affection, Severance, Valuation Date, Procedural Requirements
Source Language
Malay/English
Land Law Constitutional Law Administrative Law Property Valuation Eminent Domain Compensation Market Value Injurious Affection +3 more

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Parties

Springsphere Sdn Bhd

Appellant/perayu

Pentadbir Tanah Daerah Johor Bahru

Respondent/responden

Procedural Posture

Land Acquisition Reference Under Land Acquisition Act 1960 (act 486) / High Court Judgment on Reference

Legal Issues

  1. 1 Whether the market value awarded for the scheduled land was reasonable and orderly
  2. 2 Whether injurious affection and severance compensation are payable to the remainder of Lot 444 and Lot 1188
  3. 3 Proper valuation date and effect of expired planning permissions on claimed losses

Ratio Decidendi

Court accepted assessors' adjustments to comparable sales and fixed market value for Lot 444 at RM6,135.00 per square metre; granted additional compensation of RM2,141,535.46 comprised of market value uplift for the acquired area and injurious affection to remainder of Lot 444 (5%) and Lot 1188 (10%); severance and incidental development costs were rejected due to lack of evidence and expiry/speculative nature of planning permissions.

Court Disposition

Original award varied in part: market value adjusted and injurious affection awarded; severance and incidental costs denied; net additional compensation payable to applicant.

Orders

  • Market value for GRN 58616 Lot 444 fixed at RM6,135.00 per square metre
  • Additional compensation payable to applicant in the sum of RM2,141,535.46