ASIAN REGAL HOLDINGS SDN BHD Pentadbir Tanah Daerah Kuala Selangor

ASIAN REGAL HOLDINGS SDN BHD Pentadbir Tanah Daerah Kuala Selangor

The court found the scheduled lands form part of an estate land under s.214A NLC and paragraph 1(2D) First Schedule LAA; accordingly valuation must treat the lots as estate land. After considering valuation reports and assessors’ opinions the court set market value at RM60.00 psf for Lots 687–693 (and RM50.00 psm for Lot 15) and disallowed the landowner’s claims for injurious affection, severance and other consequential costs for failure to establish a prima facie case; the Land Administrator’s other awards are otherwise maintained and calculated overpayments are ordered returned or adjusted.

Citation
BA-15-91-11/2021 (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
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 September 2024
Case Number
BA-15-91-11/2021 (Mahkamah Tinggi)
Procedural Posture
Land Reference Under Land Acquisition Act 1960 / Judgment (land Reference Hearing Concluded)
Outcome
Partial allowance with valuation adjustments; majority of landowner claims dismissed; Land Administrator awards otherwise maintained; overpaid compensation identified and ordered addressed.
Legal Topics
Market Value, Injurious Affection, Severance, Estate Land, Compensation, Land Acquisition Procedure, National Land Code S214 a
Source Language
Malay/English
Land Law Compulsory Acquisition Constitutional Law Valuation Law Market Value Injurious Affection Severance Estate Land +3 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

Applicant (applying Agent)

Procedural Posture

Land Reference Under Land Acquisition Act 1960 / Judgment (land Reference Hearing Concluded)

Legal Issues

  1. 1 Whether the scheduled lands qualify as estate land under s.214A NLC and paragraph 1(2D) First Schedule LAA
  2. 2 Appropriate market value per square metre for the scheduled lots
  3. 3 Whether claims for injurious affection and severance are substantiated

Ratio Decidendi

The court found the scheduled lands form part of an estate land under s.214A NLC and paragraph 1(2D) First Schedule LAA; accordingly valuation must treat the lots as estate land. After considering valuation reports and assessors’ opinions the court set market value at RM60.00 psf for Lots 687–693 (and RM50.00 psm for Lot 15) and disallowed the landowner’s claims for injurious affection, severance and other consequential costs for failure to establish a prima facie case; the Land Administrator’s other awards are otherwise maintained and calculated overpayments are ordered returned or adjusted.

Court Disposition

Partial allowance with valuation adjustments; majority of landowner claims dismissed; Land Administrator awards otherwise maintained; overpaid compensation identified and ordered addressed.

Orders

  • Case BA-15-88-11/2021: Market value fixed at RM60.00 per square metre; overpaid amount RM12,300.00; 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 RM36,600.00; all other claims not allowed; other awards maintained; deposit returned to applicant; applicant to pay two assessors RM500.00 each within 7 days.