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

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

The Federal Court held the High Court correctly found the proprietor had effectively surrendered the specified area (application and approval under NLC occurred and endorsement delay was due to proprietor not producing title), that the question presented was essentially factual and concerned compensation (non-appealable under the proviso to s.49 LAA), and that the Court of Appeal erred in remitting the matter for reassessment; accordingly the Court of Appeal decision was set aside and the High Court judgment affirmed.

Citation
01(f)-3-02/2024(B) (Mahkamah Persekutuan)
Parties
Appellant: Sistem Lingkaran Lebuhraya Kajang Sdn. Bhd.; 1st Respondent: Orchard Circle Sdn. Bhd.; 2nd Respondent: Pentadbir Tanah Daerah Hulu Langat
Court
f
Jurisdiction
Malaysia
Judgment Date
12 March 2025
Case Number
01(f)-3-02/2024(B) (Mahkamah Persekutuan)
Procedural Posture
Civil Appeal (federal Court) / Final Determination on Appeal From Court of Appeal Against High Court Land Reference Decision
Outcome
Appeal allowed; decision of the Court of Appeal set aside; decision of the High Court affirmed
Legal Topics
Surrender of Title Under National Land Code, Compulsory Acquisition and Compensation Under Land Acquisition Act 1960, Appealability of Compensation Awards, Estoppel and Res Judicata, Question of Law Vs Fact
Source Language
Malay/English
Land Law Administrative Law Procedural Law Property Law Surrender of Title Under National Land Code Compulsory Acquisition and Compensation Under Land Acquisition Act 1960 Appealability of Compensation Awards Estoppel and Res Judicata +1 more

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Parties

Sistem Lingkaran Lebuhraya Kajang Sdn. Bhd.

Appellant

Orchard Circle Sdn. Bhd.

1st Respondent

Pentadbir Tanah Daerah Hulu Langat

2nd Respondent

Procedural Posture

Civil Appeal (federal Court) / Final Determination on Appeal From Court of Appeal Against High Court Land Reference Decision

Legal Issues

  1. 1 Whether the 17,284.67 sqm area was validly surrendered under the National Land Code and effect of non-endorsement on title
  2. 2 Whether validity of surrender is question of law or fact and whether that permits an appeal under proviso to s.49 LAA
  3. 3 Whether nominal compensation was appropriate given surrender and related contractual/development conditions

Ratio Decidendi

The Federal Court held the High Court correctly found the proprietor had effectively surrendered the specified area (application and approval under NLC occurred and endorsement delay was due to proprietor not producing title), that the question presented was essentially factual and concerned compensation (non-appealable under the proviso to s.49 LAA), and that the Court of Appeal erred in remitting the matter for reassessment; accordingly the Court of Appeal decision was set aside and the High Court judgment affirmed.

Court Disposition

Appeal allowed; decision of the Court of Appeal set aside; decision of the High Court affirmed

Orders

  • Appeal allowed with costs
  • Court of Appeal decision set aside