GANESAN A/L A. RENGAN Pentadbir Tanah Daerah Klang PENCELAH West Coast Expressway Sdn Bhd

GANESAN A/L A. RENGAN Pentadbir Tanah Daerah Klang PENCELAH West Coast Expressway Sdn Bhd

The originating summons was dismissed because the applicant failed to establish special circumstances warranting a stay of execution; the scheduled portion had been vested in the State Authority by endorsement of Form K and memorial, injunctions against the State are constrained by statute and precedent, and the proper remedy to challenge acquisition procedure is judicial review or appeal rather than a stay of execution which would improperly restrain the State and prejudice public interest and the concessionaire.

Citation
BA-24NCvC-1770-08/2024 (Mahkamah Tinggi)
Parties
Pemohon: Ganesan a/l A. Rengan; Responden: Pentadbir Tanah Daerah Klang; Pencelah Yang Dicadangkan: West Coast Expressway Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 April 2025
Case Number
BA-24NCvC-1770-08/2024 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Stay of Execution in Land Acquisition / Judgment (dismissed)
Outcome
Saman Pemula dismissed with costs
Legal Topics
Land Acquisition, Stay of Execution, Injunctions Against Government, Form K Vesting, Judicial Review
Source Language
Malay/English
Administrative Law Land Law Civil Procedure Land Acquisition Stay of Execution Injunctions Against Government Form K Vesting Judicial Review

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Parties

Ganesan a/l A. Rengan

Pemohon

Pentadbir Tanah Daerah Klang

Responden

West Coast Expressway Sdn Bhd

Pencelah Yang Dicadangkan

Procedural Posture

Originating Summons Stay of Execution in Land Acquisition / Judgment (dismissed)

Legal Issues

  1. 1 Whether special circumstances exist to justify a stay of execution in respect of land acquisition proceedings
  2. 2 Whether issuance/endorsement of Form K and consequent memorial vests the scheduled land in the State Authority and precludes injunctive relief
  3. 3 Whether injunction against State authorities is permissible under Government Proceedings Act 1956 and Specific Relief Act 1950

Ratio Decidendi

The originating summons was dismissed because the applicant failed to establish special circumstances warranting a stay of execution; the scheduled portion had been vested in the State Authority by endorsement of Form K and memorial, injunctions against the State are constrained by statute and precedent, and the proper remedy to challenge acquisition procedure is judicial review or appeal rather than a stay of execution which would improperly restrain the State and prejudice public interest and the concessionaire.

Court Disposition

Saman Pemula dismissed with costs

Orders

  • Saman Pemula (Originating Summons) dismissed
  • Costs of RM4000.00 awarded against the Applicant, subject to assessment (fi alokatur), to be paid to the Respondent and the Proposed Intervener