15 Jan 2020
1. ) SUPERINTENDENT OF LAND AND SURVEY DEPARTMENT KUCHING-DIVISIONAL OFFICE 2. ) STATE GOVERNMENT OF SARAWAK RATNAWATI BINTI HASBI MOHAMAD SULEIMAN
- Citation
- 01(f)-27-08/2018(Q) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 01(f)-27-08/2018(Q) (Mahkamah Persekutuan)
The Federal Court held the Court of Appeal exceeded its powers by ordering reinstatement/re-alienation of land against the State contrary to s29(1)(b) Act 359; non-compliance in the Superintendent's inquiry did not invalidate the ministerial s48 declaration which remains effective unless withdrawn or quashed; compensation lawfully frozen at the date of s48 under s60(1)(a); the procedural error was remedied by a second inquiry and no substantial injustice was shown, therefore the Court of Appeal's declaratory orders were set aside and the High Court decision restored.