22 Aug 2023
1. ) PENGARAH TANAH DAN GALIAN SELANGOR 2. ) Pentadbir Tanah Daerah Klang 1. ) PNSB ACMAR SDN.BHD 2. ) Ketua Pengarah Tanah Dan Galian Persekutuan
- Citation
- B-01(A)-451-09/2020 (Mahkamah Rayuan)
- Court
- A
- Case number
- B-01(A)-451-09/2020 (Mahkamah Rayuan)
Possession for the purpose of s35 LAA 1960 occurs either upon actual physical occupation by or on behalf of the State or upon issuance and service of Form K; Form H only empowers the land administrator to take possession and is not itself a deeming event; because the paymaster agency had entered into occupation prior to Form H and continued in occupation when Form H issued, possession was taken and withdrawal was unlawful; the pre-amendment interest rate of 8% applies as the amendment could not retrospectively deprive a substantive right; liability to pay compensation lies with the state land…