Malaysia Case Law: Decisions & Judgments

Topic

Compulsory acquisition

Legal area

Court

27 Feb 2026

KCSB KONSORTIUM SDN BHD 1. ) MENTERI PERTAHANAN 2. ) KEMENTERIAN PERTAHANAN MALAYSIA 3. ) Kerajaan Malaysia

Citation

WA-21NCvC-25-05/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-21NCvC-25-05/2025 (Mahkamah Tinggi)

The Court dismissed the Order 14A application because the questions posed are not pure questions of law but are inextricably intertwined with substantial disputed facts (effect of the Privatisation Agreement, consequences of earlier proceedings, status after compulsory acquisition and basis of occupation), and therefore require a full trial to resolve; no severable legal question suitable for summary determination identified; costs in the cause.
25 Feb 2026

1. ) LOYAL SYNERGY SDN BHD 2. ) loyal synerg sdn bhd Pentadbir Tanah Daerah Timur Laut

Citation

P-01(A)-372-06/2024 (Mahkamah Rayuan)
Court

A
Case number

P-01(A)-372-06/2024 (Mahkamah Rayuan)

The appeal was allowed because the High Court relied substantially on assessors' written opinions that were not made available to the parties prior to judgment, constituting non-compliance with section 40C and a breach of procedural fairness as required by article 13 and Tegas Sejati; accordingly the High Court judgment was set aside and the matter remitted for rehearing.
3 Feb 2026

PEMBANGUNAN IKRAM IKHLAS SDN BHD Pentadbir Tanah Daerah Gombak

Citation

BA-15-117-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-117-03/2024 (Mahkamah Tinggi)

Court accepted the Government valuer's comparable-sales adjustments (Perbandingan Sepunya) and increased the land values to RM4,000/smp for Lot 2755 and RM3,800/smp for Lot 2754; it also accepted and quantified recoverable development costs and ordered the Respondent to pay specified additional compensation with 5% p.a. interest from Form K to full settlement.
2 Dec 2025

1. ) TAN WEI MIA 2. ) TAN WAI CHEONG 3. ) TAN BOON CHIT Pentadbir Tanah Daerah Gombak

Citation

B-01(IM)-1-01/2024 (Mahkamah Rayuan)
Court

IM
Case number

B-01(IM)-1-01/2024 (Mahkamah Rayuan)

The Court held res judicata did not apply because earlier High Court decisions had been set aside by the Court of Appeal; on the facts the appellants failed to prove on the balance of probabilities that the Scheduled Lands were in actual commercial use or zoned commercial as at 17.2.1994 (no gazetted local/structure plan in 1994, temporary approvals expired, tenancies and permissions insufficiently evidenced), therefore the High Court was correct to refuse valuation on a commercial basis and Q3 was not answered.
5 Nov 2025

Kilang Kelapa Sawit Morib Sdn. Bhd. (GRN 251531) Pentadbir Tanah Kuala Langat

Citation

BA-15-111-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-111-07/2022 (Mahkamah Tinggi)

The Court allowed the reference in part, finding the Sepunya comparable appropriate and Lot 480 unsuitable due to the Supplemental Agreement bundling the transaction; the Court increased the land value to RM100.00 per square metre and ordered additional compensations (land and severance) and interest at 5% p.a.; the applicant's claim for damages and incidental costs was dismissed.
21 Oct 2025

Premium Park Development Sdn Bhd Rightbase Trading Sdn. Bhd

Citation

J-02(NCvC)(W)-313-02/2024 (Mahkamah Rayuan)
Court

NCvC
Case number

J-02(NCvC)(W)-313-02/2024 (Mahkamah Rayuan)

The Court held that the Learned JC was correct that the tenancy had been terminated and plaintiff could not recover rent; however the Learned JC erred in treating issuance of Form K as sufficient to vest title — vesting occurs upon memorial under ss 23 and 66 — so plaintiff retained proprietary interest until memorialisation but the consent order granted defendant access until formal acquisition and therefore plaintiff could not succeed on trespass claims over the Access Road or Unidentifiable Land; Appeal 313 dismissed and Appeal 373 allowed, setting aside the High Court's finding of trespas…
12 Sept 2025

Rimdaya Sdn. Bhd. 1. ) The Government Of The State Of Sabah 2. ) The Director Of Lands And Surveys Department, Sabah

Citation

S-01(NCvC)(A)-554-08/2022 (Mahkamah Rayuan)
Court

NCvC
Case number

S-01(NCvC)(A)-554-08/2022 (Mahkamah Rayuan)

Section 10A(1) permits valid revocation by a single gazette notification; a valid revocation extinguishes the acquisition such that no compensation for compulsory acquisition is payable though damages for actual loss under Section 10A(3) may be claimed; Section 10A is constitutional and does not infringe Article 13 insofar as it revokes an acquisition and restores ownership.
11 Aug 2025

Pentadbir Tanah Daerah Petaling S.E.A Housing Corporation Sdn Bhd

Citation

B-01(NCvC)(A)-224-04/2023 (Mahkamah Rayuan)
Court

NCvC
Case number

B-01(NCvC)(A)-224-04/2023 (Mahkamah Rayuan)

The Court upheld the High Court: the PTG’s admitted technical errors, misrepresentations and concealment induced the Respondent to ignore the Form 6A notice and thus the forfeiture was not reasonably exercised and amounted to an unlawful backdoor compulsory acquisition in breach of the NLC, the Land Acquisition Act 1960 and Article 13; procedural compliance alone could not validate the forfeiture; the PTG failed its duty under s380 NLC to correct the title.
30 Jul 2025

MAH CHIN BOOI Pentadbir Tanah Wilayah Persekutuan Kuala Lumpur

Citation

WA-15-1-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-15-1-01/2023 (Mahkamah Tinggi)

The court held the applicant is entitled to compensation for his flat plus his unit share of the common property when the whole scheduled land including common property is acquired; the appropriate valuation for the common property is to value the vacant land component by reference to nearest comparable with adjustments (as per assessors) and the court adopted the average of the government and private assessors' totals, resulting in additional compensation of RM 235,135.26; late payment charges at 5% p.a. from 27-09-2022 on that excess were ordered; deposit refunded; applicant to bear assesso…
15 Jul 2025

WEST COAST EXPRESSWAY SDN BHD Pentadbir Tanah Daerah Klang PENCELAH 1. ) ONG YE HOOK 2. ) VANUKUPPAL A/L SUPRIMIANAM 3. ) ONG YE SOON 4. ) LEE FOOI YOW 5. ) NALLAPPAN A/L MARAPPAN 6. ) HOO KIK MING 7. ) MUTHUSAMY A/L MARAPPAN 8. ) YAP YOON

Citation

BA-15-49-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-49-01/2024 (Mahkamah Tinggi)

After evaluating comparables and assessor reports the Court increased the market value of the scheduled land to RM785.00 per square metre; upheld PTD's awards for severance (RM255,709.60) and land development costs, allowed compensation for seven residential buildings, reduced and quantified injurious affection to 5% of residual land value (RM1,320,605.50), ordered payment of additional compensation totaling RM1,694,705.50 with interest at 5% p.a. from issuance of Form K until full settlement; dismissed other extra claims and ordered return of filing deposits and payment of assessor fees; no…