Malaysia Case Law: Decisions & Judgments

Topic

Assessors' opinions

Legal area

Court

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…
3 Jul 2025

WEST COAST EXPRESSWAY SDN BHD Pentadbir Tanah Daerah Klang PENCELAH 1. ) Kuna Selan A/l Ramasamy [Sebagai Wasi Harta Pusaka Kepada Amirtham A/p Apathurai (No. K/p:- 480611-10-5676)] 2. ) Lim Aik Say 3. ) Vasantha A/p Muthusamy 4. ) Lim Aik

Citation

BA-15-140-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-140-11/2023 (Mahkamah Tinggi)

The court fixed fair market value of the Scheduled Land at RM900.00 per square metre as at valuation date (27 May 2021) and, applying the First Schedule of the LAA and established principles, upheld the Land Administrator's awards in substance. The court adjusted certain heads (severance and injurious affection) and awarded specified additional sums per land reference where justified; it refused compensation for structures and claims that breached title conditions or lacked documentary proof; ancillary costs awarded by PTD were maintained where lawfully claimed and where objecting party could…
16 Jun 2025

ZAINAB BINTI ALIAS Pentadbir Tanah Wilayah Persekutuan Kuala Lumpur

Citation

WA-15-25-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-15-25-05/2023 (Mahkamah Tinggi)

The court upheld the Respondent's award because the respondent's valuation and the assessors' reports were more reliable and properly applied statutory principles: unauthorized building improvements were excluded, claimant's comparables were not comparable and adjustments were excessive, and many incidental claims lacked supporting evidence; therefore the award as determined by the Land Administrator is maintained and the reference is dismissed.
12 Jun 2025

Sistem Lingkaran Lebuhraya Kajang Sdn Bhd (SILK) Pentadbir Tanah Daerah Hulu Langat

Citation

15-100-09/2012 (Mahkamah Tinggi)
Court

High Court
Case number

15-100-09/2012 (Mahkamah Tinggi)

The Federal Court established there was no valid surrender; therefore the High Court must assess compensation. Applying the First Schedule (notably s.1(2BA)) and using the common comparable (Comparable 3) with appropriate adjustments, the market value of the impugned lands is RM280.00 per square metre as at the valuation date; the court awarded an increase in compensation of RM4,839,697.60 with late payment charges at 5% p.a., maintained other Land Administrator awards and dismissed other claims.
20 Mar 2025

ALIYA NABILA BINTI AYUB Pentadbir Tanah Daerah Kuala Selangor

Citation

BA-15-59-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-59-01/2024 (Mahkamah Tinggi)

Court accepted that valuation must be based on local comparables per Schedule First of LAA 1960, found applicant's non‑local comparables unreliable, but on reassessment (with assistance of two assessors) adjusted market value to RM600.00 per m2 and increased the award by RM5,466.00 because the award as assessed by the court (and assessors) was higher than the Land Administrator's award; other ancillary claims were denied.
20 Mar 2025

KP ASLI SDN. BHD. Pentadbir Tanah Daerah Gombak

Citation

BA-15-129-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-129-05/2024 (Mahkamah Tinggi)

The court maintained the Land Administrator's award because the Applicant failed to prove entitlement to higher compensation: buildings and structures were excluded from valuation as they contravened the express agricultural use condition and para 3(3A) First Schedule; severance/injurious affection claims were unmeritorious given access arrangements and lack of substantiation; disturbance/operational cost claims lacked documentary proof; consequently the Land Administrator's figures were reasonable and upheld.
22 Oct 2024

ZAINUDDIN BIN ABD JALIL Pentadbir Tanah Daerah Gombak

Citation

BA-15-61-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-61-01/2024 (Mahkamah Tinggi)

Market value of the subject land is adjusted to RM500.00 per square metre based on the acceptable comparable and assessors' adjustments, increasing land compensation to RM1,605,500.00 (additional RM128,440.00); compensable awards for buildings and certain other claims are denied or maintained according to whether development breached title conditions or involved double counting; injurious affection award by the Administrator is maintained; applicant bears assessors' costs of RM500 each payable within 7 days.
23 Oct 2023

Tegas Sejati Sdn Bhd 1. ) Pentadbir Tanah Daerah Hulu Langat 2. ) Lembaga Lebuhraya Malaysia

Citation

01(f)-46-11/2022(B) (Mahkamah Persekutuan)
Court

f
Case number

01(f)-46-11/2022(B) (Mahkamah Persekutuan)

Section 40C requires that assessors' written opinions form part of the land reference proceedings and must be made available to the parties and included in the record of appeal; failure to do so is non-compliance that undermines open court and Article 13 protections and is sufficiently serious to warrant appellate intervention — appeals are allowed and the matter remitted for rehearing before another judge.
15 Aug 2023

Ahmad Sidek Bin Stroo Pentadbir Tanah Daerah Kuala Langat

Citation

BA-15-201-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-15-201-09/2022 (Mahkamah Tinggi)

The court accepted that the administrator's award was inadequate, selected respondent valuer's comparable Lot 1175 as the best comparable, applied temporal and other adjustments and fixed market value at RM190.00 per sqm thereby increasing the award by RM86,660.00; ancillary claims for development costs, replacement land, tree values and future income were rejected as double‑counting or speculative; assessors assisted but the judge made the final valuation with reasons.