Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Railway protection zone

Legal area

Court

22 May 2022

1. ) FOH CHONG & SONS SDN BHD 2. ) DE BALI RESTAURANT & BISTRO SDN BHD PENTADBIR TANAH DAERAH JOHOR BAHRU

Citation

JA-25-22-06/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-25-22-06/2021 (Mahkamah Tinggi)

Application dismissed: court found applicants' complaints speculative (no evidence of existing development), restrictions in the 1998 Regulations are directory not mandatory and carry no automatic criminal or injunctive consequences, respondent's reduction to 229 sqm followed a technical revised layout by MRTS and was within the Land Administrator's remit under the LAA, and disputes over measurement or compensation are to be resolved in the land reference proceeding; costs RM5,000 awarded.
22 May 2022

1. ) FOH CHONG & SONS SDN BHD 2. ) DE BALI RESTAURANT & BISTRO SDN BHD PENTADBIR TANAH DAERAH JOHOR BAHRU

Citation

JA-25-22-06/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-25-22-06/2021 (Mahkamah Tinggi)

The application was dismissed: the court held the applicants' complaints were speculative absent any present development; the 1998 Regulations' consultation and standards are directory rather than mandatory and do not render the acquisition illegal; the respondent acted within the Land Acquisition Act and accepted MRTS technical revisions were a legitimate basis to reduce the area; disputes as to measurement or compensation belong to the land reference process, not judicial review.