1. ) PENGARAH TANAH DAN GALIAN SELANGOR 2. ) Pentadbir Tanah Daerah Klang 1. ) PNSB ACMAR SDN.BHD 2. ) Ketua Pengarah Tanah Dan Galian Persekutuan

1. ) PENGARAH TANAH DAN GALIAN SELANGOR 2. ) Pentadbir Tanah Daerah Klang 1. ) PNSB ACMAR SDN.BHD 2. ) Ketua Pengarah Tanah Dan Galian Persekutuan

Possession for the purpose of s35 LAA 1960 occurs either upon actual physical occupation by or on behalf of the State or upon issuance and service of Form K; Form H only empowers the land administrator to take possession and is not itself a deeming event; because the paymaster agency had entered into occupation prior to Form H and continued in occupation when Form H issued, possession was taken and withdrawal was unlawful; the pre-amendment interest rate of 8% applies as the amendment could not retrospectively deprive a substantive right; liability to pay compensation lies with the state land administrator not the Federal Director General.

Citation
B-01(A)-451-09/2020 (Mahkamah Rayuan)
Parties
Applicant: PNSB Acmar Sdn Bhd; Appellant: Pengarah Tanah dan Galian Selangor; Appellant: Pentadbir Tanah Daerah Klang; Appellant: Ketua Pengarah Tanah dan Galian Persekutuan
Court
A
Jurisdiction
Malaysia
Judgment Date
22 August 2023
Case Number
B-01(A)-451-09/2020 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (judicial Review) / Court of Appeal Judgment
Outcome
Appeal B-01(A)-451-09/2020 dismissed; Appeal B-01(A)-470-09/2020 allowed
Legal Topics
Compulsory Acquisition, Possession, Withdrawal From Acquisition, Formal Vs Actual Possession, Calculation of Compensation, Late Payment Interest, Liability for Compensation
Source Language
Malay/English
Land Law Administrative Law Statutory Interpretation Constitutional Property Law Civil Procedure Compulsory Acquisition Possession Withdrawal From Acquisition +4 more

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Parties

PNSB Acmar Sdn Bhd

Applicant

Pengarah Tanah dan Galian Selangor

Appellant

Pentadbir Tanah Daerah Klang

Appellant

Ketua Pengarah Tanah dan Galian Persekutuan

Appellant

Procedural Posture

Civil Appeal (judicial Review) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether possession for the purposes of section 35 LAA 1960 is taken at issuance of Form H, issuance of Form K, or upon actual physical possession
  2. 2 Whether the amended interest rate (5% p.a.) or the pre-amendment rate (8% p.a.) applies to late payment charges
  3. 3 Whether the Director General of the Federal Department of Land and Mines is liable to pay compensation together with the state land administrator

Ratio Decidendi

Possession for the purpose of s35 LAA 1960 occurs either upon actual physical occupation by or on behalf of the State or upon issuance and service of Form K; Form H only empowers the land administrator to take possession and is not itself a deeming event; because the paymaster agency had entered into occupation prior to Form H and continued in occupation when Form H issued, possession was taken and withdrawal was unlawful; the pre-amendment interest rate of 8% applies as the amendment could not retrospectively deprive a substantive right; liability to pay compensation lies with the state land administrator not the Federal Director General.

Court Disposition

Appeal B-01(A)-451-09/2020 dismissed; Appeal B-01(A)-470-09/2020 allowed

Orders

  • Appeal B-01(A)-451-09/2020 dismissed with costs of RM10,000 to PNSB Acmar Sdn Bhd, costs subject to allocatur
  • Appeal B-01(A)-470-09/2020 allowed; costs RM5,000 awarded to the Director General of Land and Mines of the Federal government