SULAIMAN BIN ABU BAKAR PENTADBIR TANAH DAERAH LANGKAWI

SULAIMAN BIN ABU BAKAR PENTADBIR TANAH DAERAH LANGKAWI

LADA is a 'person interested' under s37 LAA 1960 because it was expressly named in the Gazette (Form D), was served with Form E and Form H by the Land Administrator, its representatives attended the inquiry before the Land Administrator and it filed a Form N to object to the award; these facts meet the standards established by the Federal Court that a paymaster can be a person interested where service, attendance and filing occur, therefore LADA has standing and its Form N is valid.

Citation
KA-15-15-01/2019 digabungkan dengan KA-15-16-01/2019 (Mahkamah Tinggi)
Parties
Pemohon (tuan Tanah): Sulaiman bin Abu Bakar; Pemohon / Pihak Berkepentingan: Lembaga Pembangunan Langkawi (LADA); Penentang / Land Administrator: Pentadbir Tanah Daerah Langkawi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 November 2021
Case Number
KA-15-15-01/2019 digabungkan dengan KA-15-16-01/2019 (Mahkamah Tinggi)
Procedural Posture
Land Acquisition Reference Under Land Acquisition Act 1960 (act 486) / Interlocutory Determination on Application Under Rules 14 A/33 KKM 2012 (declaration on Standing and Validity of Form N)
Outcome
Application by the landowner to declare LADA not a person interested dismissed; court holds LADA is a person interested and entitled to object; LADA's Form N is valid.
Legal Topics
Standing (person Interested), Service of Statutory Notices (form E/form H), Validity of Objection (form N), Paymaster Doctrine, Interpretation of Land Acquisition Act 1960
Source Language
Malay/English
Land Acquisition Law Administrative Law Civil Procedure Standing (person Interested) Service of Statutory Notices (form E/form H) Validity of Objection (form N) Paymaster Doctrine Interpretation of Land Acquisition Act 1960

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 19 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sulaiman bin Abu Bakar

Pemohon (tuan Tanah)

Lembaga Pembangunan Langkawi (LADA)

Pemohon / Pihak Berkepentingan

Pentadbir Tanah Daerah Langkawi

Penentang / Land Administrator

Procedural Posture

Land Acquisition Reference Under Land Acquisition Act 1960 (act 486) / Interlocutory Determination on Application Under Rules 14 A/33 KKM 2012 (declaration on Standing and Validity of Form N)

Legal Issues

  1. 1 Whether LADA is a 'person interested' under s37 Land Acquisition Act 1960
  2. 2 Whether LADA is entitled to object to the Land Administrator's award of compensation
  3. 3 Whether the Form N filed by LADA is null and void

Ratio Decidendi

LADA is a 'person interested' under s37 LAA 1960 because it was expressly named in the Gazette (Form D), was served with Form E and Form H by the Land Administrator, its representatives attended the inquiry before the Land Administrator and it filed a Form N to object to the award; these facts meet the standards established by the Federal Court that a paymaster can be a person interested where service, attendance and filing occur, therefore LADA has standing and its Form N is valid.

Court Disposition

Application by the landowner to declare LADA not a person interested dismissed; court holds LADA is a person interested and entitled to object; LADA's Form N is valid.

Orders

  • Declare that Lembaga Pembangunan Langkawi (LADA) is a person interested under s37 Land Acquisition Act 1960
  • Declare that LADA is entitled to object to the Land Administrator's award and that the Form N filed by LADA is valid