WENG LEE GRANITE QUARRY SDN BHD v Pentadbir Tanah Daerah Seberang Perai Tengah

p-01w-91-02-2023 Court of Appeal (Mahkamah Rayuan) 9 December 2024 • P-01(W)-91-02/2023 • 13 min read
2 cases cited (0 SG, 2 foreign)

Outcome

We therefore find no merits in the appeal and so the appeal is dismissed with costs of RM20,000 to the respondent.

Quoted verbatim from the judgment of Court of Appeal (Mahkamah Rayuan) (p-01w-91-02-2023). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Land Law — Acquisition of land — Award— Rejection of award offered — Objections to award raised question of damages for injurious affection— Reference to court — Land Acquisition Act 1960 — Claim for injurious affection raised before High Court — Appellant is a quarry operator —Appellant contended subject Lands could not be used for quarrying activities due to the existence of the buffer zone the — Whether appellant should be compensated — High Court but made no award on “injurious affection, retrenchment costs for employees and professional charges” — Whether claim for injurious affection and other charges ought to be considered on appeal Land Law — Acquisition of land — Award — Whether the allegation of the failure of High Court to properly determine market value of acquired lands and to grant injurious affection compensation were in substance questions of law or fact

Practice Areas

Land Law Land Acquisition Employment & Industrial Relations

Judges (3)

Azimah binti Omar Coram Lee Swee Seng Coram Wan Ahmad Farid bin Wan Salleh Delivered

Counsel (8)

Pejabat Penasihat Undang-Undang Negeri Pulau Pinang Firm SC Tan Firm Charanjit Singh Counsel Respondent Chin Yan Leng Counsel Appellant David Yii Hee Kiet Counsel Appellant Lim Choon Khim Counsel Appellant Naizatul Zima Bt Tajudin Counsel Respondent Tan Swee Cheng Counsel Appellant

Parties (2)

Pentadbir Tanah Daerah Seberang Perai Tengah Respondent Weng Lee Granite Quarry Sdn Bhd Appellant

Statutes Cited

Land Acquisition Act 1960 (Cap 486)
s 8
National Land Code (Cap 828)

Cases Cited (2)

MY (2)
[2002] 3 MLJ 129 [2021] 4 MLJ 1

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (p-01w-91-02-2023)