CHE UMAR BIN YATIM PENTADBIR TANAH DAERAH LANGKAWI

CHE UMAR BIN YATIM PENTADBIR TANAH DAERAH LANGKAWI

LADA is a 'person interested' within the meaning of section 37 LAA 1960 because it was expressly named in the Gazette (Form D), was served with Form E and Form H, its representatives attended the inquiry, and it filed Form N; therefore LADA had standing to object and its Form N is valid and not null and void.

Citation
KA-15-32-02/2019 digabungkan dengan KA-15-33-02/2019 (Mahkamah Tinggi)
Parties
Landowner/applicant: Che Umar bin Yatim; Interested Party/applicant: Lembaga Pembangunan Langkawi (LADA); Land Administrator/respondent: Pentadbir Tanah Daerah Langkawi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 November 2021
Case Number
KA-15-32-02/2019 digabungkan dengan KA-15-33-02/2019 (Mahkamah Tinggi)
Procedural Posture
Land Acquisition Reference (land Acquisition Act 1960) / Interlocutory Determination on Standing Under Rules 14 A/33 (application to Determine Person Interested)
Outcome
Application dismissed. Court answers: Issue 1 - yes (LADA is a person interested under s37); Issue 2 - yes (LADA entitled to object to award); Issue 3 - Form N filed by LADA is valid and not null and void.
Legal Topics
Person Interested Under S37 LAA 1960, Service of Forms E and H, Paymaster Standing, Reference Under S38 LAA 1960
Source Language
Malay/English
Land Law Statutory Interpretation Administrative Law Person Interested Under S37 LAA 1960 Service of Forms E and H Paymaster Standing Reference Under S38 LAA 1960

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Parties

Che Umar bin Yatim

Landowner/applicant

Lembaga Pembangunan Langkawi (LADA)

Interested Party/applicant

Pentadbir Tanah Daerah Langkawi

Land Administrator/respondent

Procedural Posture

Land Acquisition Reference (land Acquisition Act 1960) / Interlocutory Determination on Standing Under Rules 14 A/33 (application to Determine Person Interested)

Legal Issues

  1. 1 Whether Lembaga Pembangunan Langkawi (LADA) is a 'person interested' under section 37 of the Land Acquisition Act 1960
  2. 2 Whether LADA is entitled to object to the award of compensation made by the District Land Administrator
  3. 3 Whether the Form N filed by LADA is null and void

Ratio Decidendi

LADA is a 'person interested' within the meaning of section 37 LAA 1960 because it was expressly named in the Gazette (Form D), was served with Form E and Form H, its representatives attended the inquiry, and it filed Form N; therefore LADA had standing to object and its Form N is valid and not null and void.

Court Disposition

Application dismissed. Court answers: Issue 1 - yes (LADA is a person interested under s37); Issue 2 - yes (LADA entitled to object to award); Issue 3 - Form N filed by LADA is valid and not null and void.

Orders

  • Issue 1 answered in the affirmative: LADA is a person interested under section 37 LAA 1960
  • Issue 2 answered in the affirmative: LADA is entitled to object to the award of compensation