SISTEM LINGKARAN LEBUHRAYA KAJANG SDN BHD v 1. ) ORCHARD CIRLCE SDN BHD 2. ) Pentadbir Tanah Daerah Hulu Langat

01f-3-02-2024b Federal Court (Mahkamah Persekutuan) 11 March 2025 • 01(f)-3-02/2024(B) • 27 min read
10 cases cited (0 SG, 10 foreign)

Catchwords

The application of the proviso of section 49(1) of the Land Acquisition Act 1960. What amounts to a question of law? Whether there was a valid surrender of the impugned land by Orchard Circle to the State Authority? The conditions and requirements for a valid surrender of land.

Practice Areas

The application of the proviso of section 49(1) of the Land Acquisition Act 1960. What amounts to a question of law? Whether there was a valid surrender of the impugned land by Orchard Circle to the State Authority? The conditions and requirements for a valid surrender of land.

Judges (3)

Hasnah binti Dato' Mohammed Hashim Coram Nordin bin Hassan Delivered Rhodzariah binti Bujang Coram

Counsel (12)

Penasihat Undang-Undang Negeri Selangor Firm Sri Dev and Naila Firm Wong Kian Kheong Firm Ashok Kumar Puri Counsel Respondent Cheah Kha Mun Counsel Appellant Etty Eliany Tesno Counsel Respondent Ho Zhi Yee Counsel Appellant Karen Lee Foong Voon Counsel Appellant Mohd Hafiz Mahmund Counsel Respondent Nor Fariza Ridzuan Counsel Respondent Sri Dev Nair Counsel Respondent Thangaraj Balasundram Counsel Appellant

Parties (3)

ORCHARD CIRLCE Sdn Bhd Respondent Pentadbir Tanah Daerah Hulu Langat Respondent SISTEM LINGKARAN LEBUHRAYA KAJANG Sdn Bhd Appellant

Case Significance

SISTEM LINGKARAN LEBUHRAYA KAJANG SDN BHD v 1. ) ORCHARD CIRLCE SDN BHD 2. ) ... is a Federal Court (Mahkamah Persekutuan) decision dated March 11, 2025 (citation: 01f-3-02-2024b). <p>SILK challenged the Court of Appeal's decision to remit a land acquisition compensation case back to the High Court, arguing that the land had been validly surrendered for nominal compensation of RM10. The Federal Court held that the provisions of the National Land Code on valid surrender were clear and unambiguous, and since there was no valid surrender of the land, compensation needed to be properly assessed. The appeal was dismissed and the Court of Appeal's order to remit for assessment w The panel comprised Hasnah binti Dato' Mohammed Hashim, Nordin bin Hassan and Rhodzariah binti Bujang, with Nordin bin Hassan delivering the judgment.

Key issues: The application of the proviso of section 49(1) of the Land Acquisition Act 1960..

Summary

SILK challenged the Court of Appeal's decision to remit a land acquisition compensation case back to the High Court, arguing that the land had been validly surrendered for nominal compensation of RM10. The Federal Court held that the provisions of the National Land Code on valid surrender were clear and unambiguous, and since there was no valid surrender of the land, compensation needed to be properly assessed. The appeal was dismissed and the Court of Appeal's order to remit for assessment was affirmed.

What was the outcome of SISTEM LINGKARAN LEBUHRAYA KAJANG SDN BHD v 1. ) ORCHARD CIRLCE SDN BHD 2. ) ...?

<p>SILK challenged the Court of Appeal's decision to remit a land acquisition compensation case back to the High Court, arguing that the land had been...

Statutes Cited

Federal Constitution
Land Acquisition Act 1960
s 49(1)
National Land Code (Cap 828)
s 200

Cases Cited (10)

UK (1)
[1965] 1 WLR 1320
MY (9)
[1984] 1 CLJ 219 [1984] 1 MLJ 248 [1999] 1 CLJ 325 [2017] 5 CLJ 526 [2018] 1 CLJ 239 [2021] 1 MLJ 180 [2021] 3 CLJ 1 [2021] 4 MLJ 570 [2022] 1 MLJ 701