JUDGMENT

Azman Abdullah JCA:

Introduction

[1] This is an appeal by the appellant/applicant against the decision of the High Court dated 3 August 2022, whereby the learned High Court Judge ("the learned HCJ") had dismissed the appellant's land reference for the acquisition of the land known as Lot 25900, Mukim Setapak, Kuala Lumpur ("scheduled land").

[2] At the High Court, the appellant seeks additional compensation for the market value of the house and supposed injurious affection owing to the loss of the building and numerous chattels erected on the said scheduled land. Aggrieved by the decision of the High Court, hence this appeal.

[3] We heard the appeal on 30 May 2025, and we now give our decision. For ease of reference, parties will be referred to as they were in the High Court. The Appellant will be referred to as the applicant and the respondent, Pentadbir Tanah Wilayah Persekutuan Kuala Lumpur, will be referred to as the Land Administrator.

Background Facts

[4] At all material times, it is not disputed that the building on the scheduled land was demolished in 2012 after being severely affected by the collapse of a concrete embankment in Bukit Setiawangsa due to a landslide, and it was about 15 months before the acquisition was gazetted in 2014. Before the incident, the 967 sq m scheduled land area had a renovated double-storey detached house with a swimming pool on it. The demolition work was done by Dewan Bandar Raya Kuala Lumpur ("DBKL"), and since then, the scheduled land has been left barren/vacant by the applicant.

[5] On 1 April 2014, the Land Administrator acquired the scheduled land under s 8 of the Land Acquisition Act 1960 [Act 486] ("the Act") for the purpose of repairing and rehabilitating the condition of the hill slope (Projek Memperbaiki Runtuhan Cerun di Jalan Puncak Setiawangsa 2, Setiawangsa, Kuala Lumpur). Following enquiries on 14 May 2014 and 10 June 2014, the Land Administrator on 10 June 2014 awarded compensation for a sum of RM2,790,000.00 for the scheduled land, with another RM100,000.00 awarded for the cost of moving and other miscellaneous costs, making the total award of RM2,890,000.00.