Malaysia Case Law: Decisions & Judgments

Topic

Severance (pecah pisah)

Legal area

Court

25 Sept 2025

PERBADANAN KEMAJUAN NEGERI KEDAH Pentadbir Tanah Daerah Padang Terap

Citation

KA-15-32-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

KA-15-32-05/2024 (Mahkamah Tinggi)

Court accepted the joint assessors' report, found the Land Administrator's valuation understated, recalculated owner's interest by properly apportioning the leasehold phases and reversion value, substituted the injurious affection award with a severance award to avoid double recovery, maintained early entry award, and increased the compensation accordingly with interest at 5% per annum from Form K date until full settlement.
22 Apr 2025

WEST COAST EXPRESSWAY SDN BHD Pentadbir Tanah Daerah Klang PENCELAH 1. ) HIAP GUAN CHAN TIMBER HARDWARE MERCHANT 2. ) Tee Kim Chan 3. ) Kee Heok Kang 4. ) Law Kooi Keong

Citation

BA-15-141-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-141-11/2023 (Mahkamah Tinggi)

The High Court upheld the Land Administrator's awards. It found the PTD's market value of RM900 per square metre was supported by the best common comparables and proper adjustments; severance and injurious affection awards of 10% each were justified on the facts (remainder shape, access reduction and bridge obstruction); claims for relocation, temporary rental, loss of income and many building claims were disallowed where structures breached land category/permissions or lacked evidential support. Deposit return and assessor fees were ordered.
18 Jan 2024

PHNG LI - WAN Pentadbir Tanah Daerah Bentong

Citation

CB-15-23-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

CB-15-23-04/2023 (Mahkamah Tinggi)

Court found that the acquisition caused severance of Lot 4638 into two parts which reduced value; injurious affection was not proven. After considering valuation reports and assessors' opinions the Court ordered an additional award of RM40,259.08 for severance and otherwise affirmed the Land Administrator's award.
15 Jun 2023

Tan Hock Kien (GRN 56990) Pentadbir Tanah Kuala Langat

Citation

BA-15-99-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-99-06/2022 (Mahkamah Tinggi)

Applicants failed to discharge the burden to show the award was inadequate. The court accepted assessors' views and evidence supporting the respondent's valuation (RM290/sqm) and maintained the respondent's award. Claims for severance, injurious affection and ancillary losses (loss of oil palms, legal costs) were rejected as unsupported or double counting; Jed Tradisi's planning fee award was maintained. Applicants ordered to pay RM500 each to the government and private assessors.
15 Jun 2023

Wong Kuan (GRN 56990) Pentadbir Tanah Kuala Langat

Citation

BA-15-101-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-101-06/2022 (Mahkamah Tinggi)

Applicants failed to discharge the burden of proving the award was inadequate or that severance, injurious affection or incidental costs were payable. The court, after considering assessors' opinions and applying Schedule First of the Land Acquisition Act 1960, held the Land Administrator's award (RM290/sqm; RM412,090 to each registered 1/3 owner; RM73,670 to Jed Tradisi) was fair and must be maintained. Claims for severance, injurious affection and loss of palms/legal fees were rejected for lack of evidence and/or because they were already reflected in the valuation (double counting).
6 Jul 2022

1. ) AHMAD BIN MD ZAIN 2. ) MOHD RIDHUAN BIN AHMAD Jabatan Ketua Pengarah Tanah & Galian (JKPTG)

Citation

DA-15-19-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

DA-15-19-03/2019 (Mahkamah Tinggi)

The court dismissed the applicants' reference and upheld the Pentadbir Tanah awards. The court adopted the usable remaining area after acquisition as 3.0480 hectares (based on the Pentadbir inquiry area of 4.5820 ha less 1.5340 ha taken), accepted the Pentadbir rate of RM113.40 per square metre (giving applicants the benefit of that rate), declined to increase awards for severance/injurious affection beyond the Pentadbir determinations, disallowed compensation for unauthorised plantings and fish ponds, ordered forfeiture of the applicants' deposit to the government and ordered applicants to p…
23 Feb 2021

MOHD NASIR BIN ABDUL RASHID PENTADBIR TANAH KUALA PILAH

Citation

NA-15-8-12/2018 (Mahkamah Tinggi)
Court

High Court
Case number

NA-15-8-12/2018 (Mahkamah Tinggi)

The court accepted the Respondent's valuation evidence and comparables, found the applicants failed to discharge the burden to show the Pentadbir's award was inadequate or that the land was planted with rubber or suffered injurious affection beyond the award; therefore the Pentadbir Tanah Kuala Pilah award of RM208,316.50 (RM104,159.00 each) is adequate and is confirmed; applicants' claim for RM576,540.80 is dismissed.

Malaysia Case Law

PERBADANAN KEMAJUAN NEGERI KEDAH Pentadbir Tanah Daerah Padang Terap

WEST COAST EXPRESSWAY SDN BHD Pentadbir Tanah Daerah Klang PENCELAH 1. ) HIAP GUAN CHAN TIMBER HARDWARE MERCHANT 2. ) Tee Kim Chan 3. ) Kee Heok Kang 4. ) Law Kooi Keong

PHNG LI - WAN Pentadbir Tanah Daerah Bentong

Tan Hock Kien (GRN 56990) Pentadbir Tanah Kuala Langat

Wong Kuan (GRN 56990) Pentadbir Tanah Kuala Langat

1. ) AHMAD BIN MD ZAIN 2. ) MOHD RIDHUAN BIN AHMAD Jabatan Ketua Pengarah Tanah & Galian (JKPTG)

MOHD NASIR BIN ABDUL RASHID PENTADBIR TANAH KUALA PILAH