NORHIZAM BIN MUSA PENTADBIR TANAH DAERAH LANGKAWI

NORHIZAM BIN MUSA PENTADBIR TANAH DAERAH LANGKAWI

Because LADA was expressly named in the Gazette (Form D), was served with Form E and Form H, its representatives attended the inquiry and it filed Form N, LADA qualifies as a 'person interested' under s37 LAA 1960 and therefore is entitled to object to the Land Administrator's award; consequently the Form N filed by LADA is valid.

Citation
KA-15-17-01/2019 digabungkan dengan KA-15-18-01/2019 (Mahkamah Tinggi)
Parties
Pemohon (tuan Tanah): Norhizam bin Musa; Pemohon (paymaster/interested Party): Lembaga Pembangunan Langkawi (LADA); Penentang (land Administrator): Pentadbir Tanah Daerah Langkawi; Registered Proprietor/affected Owner: Abu Bakar bin Ismail
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 December 2021
Case Number
KA-15-17-01/2019 digabungkan dengan KA-15-18-01/2019 (Mahkamah Tinggi)
Procedural Posture
Land Reference Under Land Acquisition Act 1960 (act 486) / Interlocutory / Preliminary Determination (application Under Rules 2012)
Outcome
Application dismissed; court finds LADA is a person interested under s37 LAA 1960, entitled to object to the award and that LADA's Form N is valid.
Legal Topics
Land Acquisition, Persons Interested, Service of Statutory Notices, Compensation Objections, Paymaster Status
Source Language
Malay/English
Land Law Administrative Law Civil Procedure Statutory Interpretation Land Acquisition Persons Interested Service of Statutory Notices Compensation Objections +1 more

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Parties

Norhizam bin Musa

Pemohon (tuan Tanah)

Lembaga Pembangunan Langkawi (LADA)

Pemohon (paymaster/interested Party)

Pentadbir Tanah Daerah Langkawi

Penentang (land Administrator)

Abu Bakar bin Ismail

Registered Proprietor/affected Owner

Procedural Posture

Land Reference Under Land Acquisition Act 1960 (act 486) / Interlocutory / Preliminary Determination (application Under Rules 2012)

Legal Issues

  1. 1 Whether LADA is a 'person interested' under s 37 of the Land Acquisition Act 1960
  2. 2 Whether LADA is entitled to object to the Land Administrator's 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, its representatives attended the inquiry and it filed Form N, LADA qualifies as a 'person interested' under s37 LAA 1960 and therefore is entitled to object to the Land Administrator's award; consequently the Form N filed by LADA is valid.

Court Disposition

Application dismissed; court finds LADA is a person interested under s37 LAA 1960, entitled to object to the award and that LADA's Form N is valid.

Orders

  • LADA is declared a person interested under section 37 of the Land Acquisition Act 1960
  • LADA is entitled to object to the Land Administrator's award of compensation