1. ) TAN WEI MIA 2. ) TAN WAI CHEONG 3. ) TAN BOON CHIT v Pentadbir Tanah Daerah Gombak

b-01im-1-01-2024 Court of Appeal (Mahkamah Rayuan) 1 December 2025 • B-01(IM)-1-01/2024 • 42 min read
12 cases cited (0 SG, 12 foreign)

Catchwords

Practice Areas

Judges (3)

Counsel (7)

Parties (4)

Case Significance

1. ) TAN WEI MIA 2. ) TAN WAI CHEONG 3. ) TAN BOON CHIT v Pentadbir Tanah Dae... is a Court of Appeal (Mahkamah Rayuan) decision dated December 1, 2025 (citation: b-01im-1-01-2024). <p>This appeal arose from a land reference proceeding concerning the compulsory acquisition of parts of three freehold plots in Gombak for the construction of the Middle Ring Road II, with the key dispute being whether the land should be valued as building-commercial or agricultural. The Court of Appeal dismissed the appeal, finding that the High Court Judge was not plainly wrong in her findings of fact and law regarding the market value, category of land use, and comparable transactions. The ap The panel comprised Alwi bin Abdul Wahab, Lim Chong Fong and Supang Lian, with Alwi bin Abdul Wahab delivering the judgment. Counsel appearing: Hani Aziza Ismail @ Aziz (counsel for respondent), Joseph Khor (counsel for appellant), Nur Syafinaz Hayati Binti Kamarrudin (counsel for respondent), Rachel Ng Ker Chi (counsel for appellant), Raymod Mah (counsel for appellant).

Summary

This appeal arose from a land reference proceeding concerning the compulsory acquisition of parts of three freehold plots in Gombak for the construction of the Middle Ring Road II, with the key dispute being whether the land should be valued as building-commercial or agricultural. The Court of Appeal dismissed the appeal, finding that the High Court Judge was not plainly wrong in her findings of fact and law regarding the market value, category of land use, and comparable transactions. The appellants were ordered to pay costs of RM20,000.

What was the outcome of 1. ) TAN WEI MIA 2. ) TAN WAI CHEONG 3. ) TAN BOON CHIT v Pentadbir Tanah Dae...?

<p>This appeal arose from a land reference proceeding concerning the compulsory acquisition of parts of three freehold plots in Gombak for the constru...

Statutes Cited

Federal Constitution
Art 13(2)

Cases Cited (12)

MY (12)
[1973] 2 MLJ 74 [1995] 3 AMR 2559 [1995] 3 CLJ 783 [1995] 3 MLJ 189 [2004] 4 CLJ 309 [2005] 2 MLJ 1 [2016] 5 MLJ 43 [2016] 7 CLJ 722 [2018] 2 CLJ 641 [2018] MLJU 181 [2020] 12 MLJ 67 [2020] 2 MLJ 553