Malaysia Case Law: Decisions & Judgments

Topic

Compulsory land acquisition

Legal area

Court

27 Jan 2025

PRISTINE POWER SDN. BHD. Pegawai Kewangan Negeri Selangor

Citation

BA-25-58-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-25-58-09/2023 (Mahkamah Tinggi)

Because a valid uncontested s33 certificate was issued and not appealed or set aside, s33(3) creates a non-discretionary statutory duty on the State to pay; the State Financial Officer is bound to satisfy the certificate and mandamus is the appropriate remedy to compel performance, notwithstanding arguments about federal purpose or other pending proceedings.
7 Nov 2023

JMB KELANA SQUARE 1. ) MAJLIS BANDARAYA PETALING JAYA 2. ) PERANTARA PROPERTIES SDN BHD

Citation

BA-25-14-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-25-14-03/2021 (Mahkamah Tinggi)

The court found no illegality, irrationality or procedural impropriety in the approval of the amended building plan; the amended plans were necessary and lawful in consequence of compulsory acquisition and are required for strata title processing under pre-amendment ss 20–21 STA; the applicant was aware of and complicit in the process and cannot approbate and reprobate; most works are completed rendering the reliefs academic; accordingly the judicial review is dismissed.
8 Aug 2022

MUTAYA SDN BHD 1. ) SURJIT KAUR A/P TEJA SINGH 2. ) JASVINDER SINGH A/L AMARJIT SINGH

Citation

WA-22NCVC-595-09/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-595-09/2018 (Mahkamah Tinggi)

The court found procedural compliance with Order 52, the second defendant expressly admitted non-compliance and had full knowledge of the order and land boundaries; breach was proved beyond reasonable doubt and constituted contempt; mitigation considered, the court imposed a fine of RM35,000 payable within two months (default one month imprisonment) and awarded costs; the application to set aside the consent judgment was dismissed with costs RM5,000.
15 Jan 2020

1. SUPERINTENDENT OF LAND AND SURVEY DEPT. KUCHING DIV OFFICE 2. GOVERNMENT OF THE STATE OF SARAWAK RATNAWATI BINTI HASBI MOHAMED SULEIMAN

Citation

01(f)-27-08/2018(Q) (Mahkamah Persekutuan)
Court

f
Case number

01(f)-27-08/2018(Q) (Mahkamah Persekutuan)

Mandatory procedural defects in the Sarawak Land Code acquisition process that result in deprivation not "in accordance with law" under Article 13(1) render the acquisition void ab initio; a Registrar’s rectification under section 136 reinstates title and, because Act 359 is pre‑Merdeka, section 29(1)(b) must be read subject to Article 162 to allow courts to order reinstatement of land and damages where a constitutional right was violated.

Malaysia Case Law

PRISTINE POWER SDN. BHD. Pegawai Kewangan Negeri Selangor

JMB KELANA SQUARE 1. ) MAJLIS BANDARAYA PETALING JAYA 2. ) PERANTARA PROPERTIES SDN BHD

MUTAYA SDN BHD 1. ) SURJIT KAUR A/P TEJA SINGH 2. ) JASVINDER SINGH A/L AMARJIT SINGH

1. SUPERINTENDENT OF LAND AND SURVEY DEPT. KUCHING DIV OFFICE 2. GOVERNMENT OF THE STATE OF SARAWAK RATNAWATI BINTI HASBI MOHAMED SULEIMAN