ABU BAKAR BIN ISMAIL

ABU BAKAR BIN ISMAIL

LADA is a "person interested" under section 37 because it was expressly named in the Gazette (Form D), was validly served with Form E and Form H, attended the Land Administrator's inquiry and thereafter filed Form N; those facts establish standing to object and render the Form N valid.

Citation
KA-15-6-01/2019 digabungkan dengan KA-15-5-01/2019 (Mahkamah Tinggi)
Parties
Applicant (landowner): Abu Bakar bin Ismail; Interested Party / Applicant (paymaster): Lembaga Pembangunan Langkawi (LADA); Respondent (land Administrator): Pentadbir Tanah Daerah Langkawi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 November 2021
Case Number
KA-15-6-01/2019 digabungkan dengan KA-15-5-01/2019 (Mahkamah Tinggi)
Procedural Posture
Land Reference Under the Land Acquisition Act 1960 / Interlocutory Determination on Status of Person Interested and Validity of Form N
Outcome
Court held that LADA is a person interested under section 37 of the Land Acquisition Act 1960; LADA is entitled to object to the award; the Form N filed by LADA is valid and not null and void.
Legal Topics
Land Acquisition, Person Interested, Service of Notices (form E/form H), Paymaster Status, Reference Under Section 38
Source Language
Malay/English
Land Law Administrative Law Statutory Interpretation Land Acquisition Person Interested Service of Notices (form E/form H) Paymaster Status Reference Under Section 38

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Parties

Abu Bakar bin Ismail

Applicant (landowner)

Lembaga Pembangunan Langkawi (LADA)

Interested Party / Applicant (paymaster)

Pentadbir Tanah Daerah Langkawi

Respondent (land Administrator)

Procedural Posture

Land Reference Under the Land Acquisition Act 1960 / Interlocutory Determination on Status of Person Interested and Validity of Form N

Legal Issues

  1. 1 Whether LADA is a "person interested" under section 37 of the Land Acquisition Act 1960
  2. 2 Whether LADA is entitled to object to the award of compensation made by the District Land Administrator
  3. 3 Whether the Form N filed by LADA is null and void

Ratio Decidendi

LADA is a "person interested" under section 37 because it was expressly named in the Gazette (Form D), was validly served with Form E and Form H, attended the Land Administrator's inquiry and thereafter filed Form N; those facts establish standing to object and render the Form N valid.

Court Disposition

Court held that LADA is a person interested under section 37 of the Land Acquisition Act 1960; LADA is entitled to object to the award; the Form N filed by LADA is valid and not null and void.

Orders

  • The Form N filed by LADA is valid and not null and void