ORCHARD CIRLCE SDN BHD 1. ) Pentadbir Tanah Daerah Hulu Langat 2. ) SISTEM LINGKARAN LEBUHRAYA KAJANG SDN BHD

ORCHARD CIRLCE SDN BHD 1. ) Pentadbir Tanah Daerah Hulu Langat 2. ) SISTEM LINGKARAN LEBUHRAYA KAJANG SDN BHD

The Court held that the surrender was not effective as at 20.12.2001 because the mandatory requirements of s.201(4) NLC (revision of rent, proprietor notification and memorial/endorsement on the register with issue documents) were not complied with; the earliest effective surrender occurred in 2012 when a memorial was made; accordingly the impugned land was not surrendered at the material date and must be assessed for compensation; appeal allowed and matter remitted for assessment.

Citation
B-01(A)-533-07/2022 (Mahkamah Rayuan)
Parties
Appellant: Orchard Circle Sdn Bhd; 1st Respondent: Pentadbir Tanah Daerah Hulu Langat; 2nd Respondent: Sistem Lingkaran Lebuhraya Kajang Sdn Bhd
Court
A
Jurisdiction
Malaysia
Judgment Date
25 August 2023
Case Number
B-01(A)-533-07/2022 (Mahkamah Rayuan)
Procedural Posture
Land Acquisition Appeal / Determination on Appeal (court of Appeal)
Outcome
Appeal allowed. High Court order paragraphs 'a' and 'b(i)' of 1.7.2022 set aside. Matter remitted to High Court for assessment of compensation in relation to the impugned land. Costs RM5,000 to be paid by each respondent with allocation note as ordered.
Legal Topics
Surrender of Title Under National Land Code, Compulsory Acquisition and Compensation Under Land Acquisition Act, Procedure for Surrender (ss.196 201 Nlc), Application of S.37(2) LAA, Right to Adequate Compensation (art 13(2) Federal Constitution)
Source Language
Malay/English
Land Law Administrative Law Constitutional Law Statutory Interpretation Surrender of Title Under National Land Code Compulsory Acquisition and Compensation Under Land Acquisition Act Procedure for Surrender (ss.196 201 Nlc) Application of S.37(2) LAA +1 more

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Parties

Orchard Circle Sdn Bhd

Appellant

Pentadbir Tanah Daerah Hulu Langat

1st Respondent

Sistem Lingkaran Lebuhraya Kajang Sdn Bhd

2nd Respondent

Procedural Posture

Land Acquisition Appeal / Determination on Appeal (court of Appeal)

Legal Issues

  1. 1 Whether 17,284.67m² of the subject land had been validly surrendered under Part XII of the National Land Code as at 20.12.2001
  2. 2 Whether approval of Form 12B on 11.1.1999 effected surrender or whether statutory steps in s.201(4) NLC were required to make surrender effective
  3. 3 Whether the impugned land could be excluded from valuation/assessment and whether s.37(2) LAA applied

Ratio Decidendi

The Court held that the surrender was not effective as at 20.12.2001 because the mandatory requirements of s.201(4) NLC (revision of rent, proprietor notification and memorial/endorsement on the register with issue documents) were not complied with; the earliest effective surrender occurred in 2012 when a memorial was made; accordingly the impugned land was not surrendered at the material date and must be assessed for compensation; appeal allowed and matter remitted for assessment.

Court Disposition

Appeal allowed. High Court order paragraphs 'a' and 'b(i)' of 1.7.2022 set aside. Matter remitted to High Court for assessment of compensation in relation to the impugned land. Costs RM5,000 to be paid by each respondent with allocation note as ordered.

Orders

  • Paragraphs 'a' and 'b(i)' of the High Court Order dated 1.7.2022 set aside
  • Matter remitted to the High Court for assessment of the compensation amount in relation to the impugned land before the same High Court Judge