ALIYA NABILA BINTI AYUB Pentadbir Tanah Daerah Kuala Selangor

ALIYA NABILA BINTI AYUB Pentadbir Tanah Daerah Kuala Selangor

Court accepted that valuation must be based on local comparables per Schedule First of LAA 1960, found applicant's non‑local comparables unreliable, but on reassessment (with assistance of two assessors) adjusted market value to RM600.00 per m2 and increased the award by RM5,466.00 because the award as assessed by the court (and assessors) was higher than the Land Administrator's award; other ancillary claims were denied.

Citation
BA-15-59-01/2024 (Mahkamah Tinggi)
Parties
Applicant / Registered Proprietor: Aliya Nabila binti Ayub; Respondent / Land Administrator: Pentadbir Tanah Daerah Kuala Selangor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 March 2025
Case Number
BA-15-59-01/2024 (Mahkamah Tinggi)
Procedural Posture
Land Acquisition Reference Under Land Acquisition Act 1960 / High Court Judgment on Reference (award Varied); Appeal to Court of Appeal Noted
Outcome
Court varied the Land Administrator's award in part: market value fixed at RM600.00 per square metre; additional compensation awarded; other claims dismissed; assessors' fees and deposit orders made.
Legal Topics
Land Acquisition, Compensation Assessment, Market Valuation, Use of Comparables, Assessors' Opinions, Procedural Compliance Under LAA 1960
Source Language
Malay/English
Land Law Constitutional Law Administrative Law Valuation Law Land Acquisition Compensation Assessment Market Valuation Use of Comparables +2 more

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Parties

Aliya Nabila binti Ayub

Applicant / Registered Proprietor

Pentadbir Tanah Daerah Kuala Selangor

Respondent / Land Administrator

Procedural Posture

Land Acquisition Reference Under Land Acquisition Act 1960 / High Court Judgment on Reference (award Varied); Appeal to Court of Appeal Noted

Legal Issues

  1. 1 Whether the Land Administrator's award was inadequate
  2. 2 Proper basis for market valuation under Schedule First para 1(1A) and 1(2BA) of the Land Acquisition Act 1960
  3. 3 Relevance and locality of comparable transactions

Ratio Decidendi

Court accepted that valuation must be based on local comparables per Schedule First of LAA 1960, found applicant's non‑local comparables unreliable, but on reassessment (with assistance of two assessors) adjusted market value to RM600.00 per m2 and increased the award by RM5,466.00 because the award as assessed by the court (and assessors) was higher than the Land Administrator's award; other ancillary claims were denied.

Court Disposition

Court varied the Land Administrator's award in part: market value fixed at RM600.00 per square metre; additional compensation awarded; other claims dismissed; assessors' fees and deposit orders made.

Orders

  • Market value under Schedule First para 2(a) increased to RM600.00 per square metre
  • Other claims dismissed