Tenaga Nasional Berhad 1. Spicon Products Sdn. Bhd. 2. Pentadbir Tanah Alor Gajah

Tenaga Nasional Berhad 1. Spicon Products Sdn. Bhd. 2. Pentadbir Tanah Alor Gajah

A landowner who accepted the Land Administrator's award is nevertheless entitled to intervene and participate in land reference proceedings initiated by another interested party because Act 486 does not expressly exclude such participation, s45(2) permits application of the Rules of Court 2012 where not inconsistent, and Order 15 r 6 may be invoked to add necessary parties so their Article 13 rights and interests in compensation adequacy are protected; accordingly the Court allowed the appeal and reinstated the High Court order permitting intervention.

Citation
01(i)-5-03/2020(M) (Mahkamah Persekutuan)
Parties
Appellant: Spicon Products Sdn. Bhd.; 1st Respondent: Tenaga Nasional Berhad; 2nd Respondent: Pentadbir Tanah Alor Gajah
Court
i
Jurisdiction
Malaysia
Judgment Date
4 March 2022
Case Number
01(i)-5-03/2020(M) (Mahkamah Persekutuan)
Procedural Posture
Civil Appeal (land Acquisition Reference) / Federal Court Judgment (final Disposition)
Outcome
Appeal allowed; Court of Appeal decision set aside; High Court decision reinstated
Legal Topics
Compulsory Acquisition, Land Reference Proceedings, Intervention, Form N Procedure, Compensation Adequacy
Source Language
Malay/English
Constitutional Law Land Law Administrative Law Civil Procedure Compulsory Acquisition Land Reference Proceedings Intervention Form N Procedure +1 more

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Parties

Spicon Products Sdn. Bhd.

Appellant

Tenaga Nasional Berhad

1st Respondent

Pentadbir Tanah Alor Gajah

2nd Respondent

Procedural Posture

Civil Appeal (land Acquisition Reference) / Federal Court Judgment (final Disposition)

Legal Issues

  1. 1 Whether a landowner who accepted the Land Administrator's award can intervene in a land reference initiated by another interested party
  2. 2 Whether filing Form N under the Land Acquisition Act 1960 is the exclusive route to be a party to a land reference
  3. 3 Whether Order 15 r 6 of the Rules of Court 2012 applies to land reference proceedings and permits intervention

Ratio Decidendi

A landowner who accepted the Land Administrator's award is nevertheless entitled to intervene and participate in land reference proceedings initiated by another interested party because Act 486 does not expressly exclude such participation, s45(2) permits application of the Rules of Court 2012 where not inconsistent, and Order 15 r 6 may be invoked to add necessary parties so their Article 13 rights and interests in compensation adequacy are protected; accordingly the Court allowed the appeal and reinstated the High Court order permitting intervention.

Court Disposition

Appeal allowed; Court of Appeal decision set aside; High Court decision reinstated

Orders

  • Appeal allowed.
  • Decision of the Court of Appeal set aside.