ASIAN REGAL HOLDINGS SDN BHD Pentadbir Tanah Daerah Kuala Selangor

ASIAN REGAL HOLDINGS SDN BHD Pentadbir Tanah Daerah Kuala Selangor

The Court held the Scheduled Lands form part of an estate and must be valued as estate land pursuant to Paragraph 1(2D) First Schedule LAA and s.214A NLC; the applicant failed to establish a prima facie case for injurious affection, severance and other costs in its valuer's report; accordingly the Court adjusted market values (RM60.00/sqm for Lots 687–693 and RM50.00/sqm for Lot 15), maintained the Land Administrator’s other awards, and ordered repayment/adjustment of identified overpaid amounts and assessors’ fees.

Citation
BA-15-94-11/2021 (Mahkamah Tinggi)
Parties
Applicant / Landowner: Asian Regal Holdings Sdn Bhd; Respondent / Land Administrator: Pentadbir Tanah Daerah Kuala Selangor; Applicant / Concessionaire: West Coast Expressway Sdn Bhd; Applicant / Applying Agent: Lembaga Lebuhraya Malaysia (LLM)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 September 2024
Case Number
BA-15-94-11/2021 (Mahkamah Tinggi)
Procedural Posture
Land Reference Under Land Acquisition Act 1960 (compulsory Acquisition) / Judgment (high Court, Land Reference)
Outcome
Objections allowed in part; awards adjusted on valuation grounds (estate valuation) and other claims rejected
Legal Topics
Land Acquisition, Compensation, Valuation, Injurious Affection, Severance, Estate Land Status, Procedure of Land Reference
Source Language
Malay/English
Land Law Administrative Law Constitutional Law Land Acquisition Compensation Valuation Injurious Affection Severance +2 more

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Parties

Asian Regal Holdings Sdn Bhd

Applicant / Landowner

Pentadbir Tanah Daerah Kuala Selangor

Respondent / Land Administrator

West Coast Expressway Sdn Bhd

Applicant / Concessionaire

Lembaga Lebuhraya Malaysia (LLM)

Applicant / Applying Agent

Procedural Posture

Land Reference Under Land Acquisition Act 1960 (compulsory Acquisition) / Judgment (high Court, Land Reference)

Legal Issues

  1. 1 Whether the Scheduled Lands qualify as estate land under s.214A National Land Code and Paragraph 1(2D) First Schedule LAA
  2. 2 Appropriate market value for acquired parcels and whether awards by Land Administrator are adequate
  3. 3 Whether claims for injurious affection and severance were proven

Ratio Decidendi

The Court held the Scheduled Lands form part of an estate and must be valued as estate land pursuant to Paragraph 1(2D) First Schedule LAA and s.214A NLC; the applicant failed to establish a prima facie case for injurious affection, severance and other costs in its valuer's report; accordingly the Court adjusted market values (RM60.00/sqm for Lots 687–693 and RM50.00/sqm for Lot 15), maintained the Land Administrator’s other awards, and ordered repayment/adjustment of identified overpaid amounts and assessors’ fees.

Court Disposition

Objections allowed in part; awards adjusted on valuation grounds (estate valuation) and other claims rejected

Orders

  • Case BA-15-88-11/2021: market value fixed at RM60.00 per square metre; overpaid amount RM12300.00; all other claims not allowed; other awards of Land Administrator maintained; deposit returned to applicant; applicant to pay two assessors RM500.00 each within 7 days
  • Case BA-15-89-11/2021: market value fixed at RM60.00 per square metre; overpaid amount RM36600.00; all other claims not allowed; other awards of Land Administrator maintained; deposit returned to applicant; applicant to pay two assessors RM500.00 each within 7 days