TEE KIM TIN Pentadbir Tanah dan Daerah PIHAK TERKILAN WEST COAST EXPRESSWAY SDN. BHD.

TEE KIM TIN Pentadbir Tanah dan Daerah PIHAK TERKILAN WEST COAST EXPRESSWAY SDN. BHD.

Section 38(5) of Act 486 is not mandatory in the sense of ousting jurisdiction because s.38(6) permits an extension of time; the court may grant an extension to regularize late filing of Form O where delay is limited and no prejudice is shown. Accordingly Enclosure 55 (strike out) is dismissed and Enclosure 57 (extension of time) is allowed.

Citation
BA-15-262-08/2018 (Mahkamah Tinggi)
Parties
Applicant: TEE KIM TIN; Respondent (land Administrator): PENTADBIR TANAH DAERAH KLANG; Interested Party: WEST COAST EXPRESSWAY SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 November 2024
Case Number
BA-15-262-08/2018 (Mahkamah Tinggi)
Procedural Posture
Land Reference (objection to Compensation Under Land Acquisition Act 1960) / Interlocutory Applications: Strike Out Application by Interested Party and Application for Extension of Time to Regularize Form O; Judgment on Those Applications
Outcome
Application by West Coast Expressway Sdn Bhd in Enclosure 55 dismissed; Applicant's application in Enclosure 57 to extend time allowed
Legal Topics
Land Acquisition, Compensation, Statutory Interpretation (mandatory Vs Directory), Extension of Time, Jurisdiction, Procedural Fairness
Source Language
Malay/English
Land Law Administrative Law Constitutional Law Civil Procedure Land Acquisition Compensation Statutory Interpretation (mandatory Vs Directory) Extension of Time +2 more

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Parties

TEE KIM TIN

Applicant

PENTADBIR TANAH DAERAH KLANG

Respondent (land Administrator)

WEST COAST EXPRESSWAY SDN BHD

Interested Party

Procedural Posture

Land Reference (objection to Compensation Under Land Acquisition Act 1960) / Interlocutory Applications: Strike Out Application by Interested Party and Application for Extension of Time to Regularize Form O; Judgment on Those Applications

Legal Issues

  1. 1 Whether s.38(5) of the Land Acquisition Act 1960 is mandatory such that non-compliance ousts the court's jurisdiction
  2. 2 Whether the court may grant an extension under s.38(6) where Form O was filed late to regularize proceedings
  3. 3 Whether the late filing of Form O prejudiced the interested party and warranted striking out the reference

Ratio Decidendi

Section 38(5) of Act 486 is not mandatory in the sense of ousting jurisdiction because s.38(6) permits an extension of time; the court may grant an extension to regularize late filing of Form O where delay is limited and no prejudice is shown. Accordingly Enclosure 55 (strike out) is dismissed and Enclosure 57 (extension of time) is allowed.

Court Disposition

Application by West Coast Expressway Sdn Bhd in Enclosure 55 dismissed; Applicant's application in Enclosure 57 to extend time allowed

Orders

  • Enclosure 55 dismissed
  • Enclosure 57 allowed; extension of time granted to validate Form O dated 30.7.2018