ABU BAKAR BIN ISMAIL PENTADBIR TANAH DAERAH LANGKAWI

ABU BAKAR BIN ISMAIL PENTADBIR TANAH DAERAH LANGKAWI

Because LADA was expressly named in the Gazette (Form D), was served with Form E and Form H, attended the Land Administrator's inquiry and filed Form N, the court held LADA satisfied the statutory criteria to be a 'person interested' under s37 LAA 1960 and therefore is entitled to object to the award; the Form N filed by LADA is valid.

Citation
KA-15-23-01/2019 digabungkan dengan KA-15-24-01/2019 (Mahkamah Tinggi)
Parties
Applicant (landowner): Abu Bakar bin Ismail; Interested Party / Applicant in Separate Reference: Lembaga Pembangunan Langkawi (LADA); Respondent (land Administrator): Pentadbir Tanah Daerah Langkawi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 November 2021
Case Number
KA-15-23-01/2019 digabungkan dengan KA-15-24-01/2019 (Mahkamah Tinggi)
Procedural Posture
Reference Under Land Acquisition Act 1960 (act 486) / Interlocutory Determination on Person Interested and Validity of Form N (test Case)
Outcome
Court held LADA is a person interested under s37 LAA 1960; LADA is entitled to object to the award of compensation; the Form N filed by LADA is valid and not null and void.
Legal Topics
Land Acquisition, Person Interested, Service of Notices (form E and Form H), Paymaster Standing, Form N Objections, Sections 8, 10, 11, 16, 37, 38 LAA 1960
Source Language
Malay/English
Land Law Administrative Law Statutory Interpretation Land Acquisition Person Interested Service of Notices (form E and Form H) Paymaster Standing Form N Objections +1 more

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Parties

Abu Bakar bin Ismail

Applicant (landowner)

Lembaga Pembangunan Langkawi (LADA)

Interested Party / Applicant in Separate Reference

Pentadbir Tanah Daerah Langkawi

Respondent (land Administrator)

Procedural Posture

Reference Under Land Acquisition Act 1960 (act 486) / Interlocutory Determination on Person Interested and Validity of Form N (test Case)

Legal Issues

  1. 1 Whether LADA is a person interested under s37 of the Land Acquisition Act 1960
  2. 2 Whether LADA is entitled to object to the award of compensation
  3. 3 Whether the Form N filed by LADA is null and void

Ratio Decidendi

Because LADA was expressly named in the Gazette (Form D), was served with Form E and Form H, attended the Land Administrator's inquiry and filed Form N, the court held LADA satisfied the statutory criteria to be a 'person interested' under s37 LAA 1960 and therefore is entitled to object to the award; the Form N filed by LADA is valid.

Court Disposition

Court held LADA is a person interested under s37 LAA 1960; LADA is entitled to object to the award of compensation; the Form N filed by LADA is valid and not null and void.