PHNG LI-WAN Pentadbir Tanah Daerah Bentong

PHNG LI-WAN Pentadbir Tanah Daerah Bentong

The High Court found the Land Administrator's award adequate on the evidence and law and dismissed the applicant's claims for additional compensation for severance and injurious affection; the assessors' differing views did not justify increasing the award given the factual findings (including the actual residual area and continued access) and statutory framework governing land references.

Citation
CB-15-25-04/2023 (Mahkamah Tinggi)
Parties
Pemohon: PHNG LI - WAN; Responden: Pentadbir Tanah Daerah Bentong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 January 2024
Case Number
CB-15-25-04/2023 (Mahkamah Tinggi)
Procedural Posture
Land Reference (land Acquisition Act 1960) / Hearing and Judgment on Reference Under Section 38
Outcome
Application dismissed; award of the Land Administrator upheld
Legal Topics
Land Acquisition, Compensation, Severance, Injurious Affection, Assessors and Expert Procedure, Third Schedule Compliance
Source Language
Malay/English
Land Law Administrative Law Constitutional Law Evidence and Procedure Land Acquisition Compensation Severance Injurious Affection +2 more

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Parties

PHNG LI - WAN

Pemohon

Pentadbir Tanah Daerah Bentong

Responden

Procedural Posture

Land Reference (land Acquisition Act 1960) / Hearing and Judgment on Reference Under Section 38

Legal Issues

  1. 1 Whether the amount of compensation awarded by the Land Administrator was adequate
  2. 2 Whether severance and injurious affection compensation should be increased
  3. 3 Whether loss of access warranted separate compensation

Ratio Decidendi

The High Court found the Land Administrator's award adequate on the evidence and law and dismissed the applicant's claims for additional compensation for severance and injurious affection; the assessors' differing views did not justify increasing the award given the factual findings (including the actual residual area and continued access) and statutory framework governing land references.

Court Disposition

Application dismissed; award of the Land Administrator upheld

Orders

  • The award of the Land Administrator (Pentadbir Tanah Daerah Bentong) is upheld
  • No additional compensation for severance or injurious affection is awarded