ORCHARD CIRCLE SDN BHD v. PENTADBIR TANAH DAERAH HULU LANGAT & ORS

[2021] 1 MLRA 54

ORCHARD CIRCLE SDN BHD v. PENTADBIR TANAH DAERAH HULU LANGAT & ORS
Federal Court, Putrajaya
Vernon Ong, Abdul Rahman Sebli, Zabariah Mohd Yusof FCJJ
[Civil Appeal No: 01(f)-63-12-2017(B)]
13 November 2020

JUDGMENT

Zabariah Mohd Yusof FCJ:

[1] The appeal by the appellant is against the whole decision of the Court of Appeal dated 21 July 2017 which, inter alia:

(i) Allowed the respective respondents' appeals (Appeal Nos: B-01(A)-114-04-2016, B-01(A)-121-04-2016 and B-01(A)-122-04-2016) with costs;

(ii) Dismissed the appellant's appeal (Appeal No: B-01(A)-131-04-2016) with no order as to costs;

(iii) Set aside the High Court Order dated 7 March 2016 (save for the order refusing damages);

(iv) Held that Form D dated 10 December 2001 is valid; and

(v) Directed that all objections with respect to the decision of the Land Administrator on the issues of compensation and surrender be determined in the pending land reference proceedings.

[2] The appellant was granted leave to appeal to the Federal Court on 4 December 2017 on the following questions of law:

"Whether, pursuant to s 8(4) of the Land Acquisition Act 1960, a declaration in Form D lapses and ceases to be of any effect where an award of the Land Administrator is made within the stipulated two-year period but subsequently quashed resulting in a subsequent award made outside the two-year period";

"Whether issues of res judicata and estoppel can clothe a declaration in Form D, which would otherwise lapse and cease to have any effect pursuant to s 8(4) of the Land Acquisition Act 1960, with legal effect."

Background

[3] The appellant (hereinafter referred to as "Orchard Circle") was the registered owner of two parcels of land, namely, Lot 8630 and Lot 2630, both held under Grant 30006, Mukim Kajang District of Selangor, out of which 9005.08 square metres of Lot 8630 and 10,118.69 square metres of Lot 2630 (the lands) were acquired by the State Authority. Hence the State Authority acquired a total of 19,123.77 square metres of land.

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