SRI SELTRA SDN BHD 1. ) Lembaga Lebuhraya Malaysia 2. ) Pentadbir Tanah dan Daerah

SRI SELTRA SDN BHD 1. ) Lembaga Lebuhraya Malaysia 2. ) Pentadbir Tanah dan Daerah

Court held applicant (LLM) established a prima facie case; the Land Reference judge properly reduced the Award to RM166,365,058.05 by adopting and adjusting the JPPH 4th comparable to RM900 psm; s29A does not restrict the court from reducing the award by more than the 25% withheld and the court may order refund of any excess paid under s31; no procedural impropriety or breach of natural justice was established; appeal dismissed and cross-appeal allowed ordering refund of excess RM13,863,754.45 with interest and costs.

Citation
B-01(A)-121-02/2020 (Mahkamah Rayuan)
Parties
Appellant: Sri Seltra Sdn Bhd; 1st Respondent / Acquiring Authority / Cross Appellant: Lembaga Lebuhraya Malaysia; 2nd Respondent / Land Administrator: Pentadbir Tanah dan Daerah Hulu Langat
Court
A
Jurisdiction
Malaysia
Judgment Date
20 October 2021
Case Number
B-01(A)-121-02/2020 (Mahkamah Rayuan)
Procedural Posture
Land Acquisition Appeal and Land Reference / Court of Appeal Determination of Appeal and Cross Appeal After High Court Land Reference Decision
Outcome
Appeal dismissed; Cross-appeal allowed
Legal Topics
Land Acquisition, Compensation, Withholding Under S29 a LAA, Assessors' Role in Land Reference, Natural Justice, Development Potential, Prima Facie Evidential Burden
Source Language
Malay/English
Land Law Constitutional Law Administrative Law Civil Procedure Land Acquisition Compensation Withholding Under S29 a LAA Assessors' Role in Land Reference +3 more

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Parties

Sri Seltra Sdn Bhd

Appellant

Lembaga Lebuhraya Malaysia

1st Respondent / Acquiring Authority / Cross Appellant

Pentadbir Tanah dan Daerah Hulu Langat

2nd Respondent / Land Administrator

Procedural Posture

Land Acquisition Appeal and Land Reference / Court of Appeal Determination of Appeal and Cross Appeal After High Court Land Reference Decision

Legal Issues

  1. 1 Whether applicant's (LLM) valuer's report must alone establish a prima facie case
  2. 2 Whether High Court may reduce award by more than 25% withheld under s29A LAA and order refund of excess
  3. 3 Whether refund of excess can be ordered against recipient under s31 LAA

Ratio Decidendi

Court held applicant (LLM) established a prima facie case; the Land Reference judge properly reduced the Award to RM166,365,058.05 by adopting and adjusting the JPPH 4th comparable to RM900 psm; s29A does not restrict the court from reducing the award by more than the 25% withheld and the court may order refund of any excess paid under s31; no procedural impropriety or breach of natural justice was established; appeal dismissed and cross-appeal allowed ordering refund of excess RM13,863,754.45 with interest and costs.

Court Disposition

Appeal dismissed; Cross-appeal allowed

Orders

  • Appeal dismissed
  • Cross-appeal allowed; Appellant (Sri Seltra Sdn Bhd) ordered to refund Excess Sum of RM13,863,754.45 to 1st Respondent (Lembaga Lebuhraya Malaysia) together with interest at 5% per annum from 13.07.2017 to date of full realisation, to be paid within 30 days of this decision