JUDGMENT

Nordin Hassan FCJ (Majority):

[1] This is an appeal by SILK against the decision of the Court of Appeal on 25 August 2023 that set aside the decision of the High Court which among others, maintained the compensation awarded by the Land Administrator for the alleged surrendered land (impugned land) in the nominal sum of RM10.00. The Court of Appeal further ordered that the case be remitted to the Shah Alam High Court before the same judge for a hearing of the assessment of the impugned land.

The Main Issues

[2] The main issues in the present appeal are as follows:

(i) the application of the proviso of s 49(1) of the Land Acquisition Act 1960 (LAA 1960).

(ii) what amounts to a question of law?

(iii) was there a question of law in the present case?

(iv) whether there was a valid surrender of the impugned land by Orchard Circle to the State Authority.

The Application Of The Proviso Of Section 49(1) Of The LAA 1960.

[3] Section 49(1) of the LAA 1960 provides:

"49. (1) Any person interested, including the Land Administrator and any person or corporation on whose behalf the proceedings were instituted pursuant to s 3 may appeal from a decision of the Court to the Court of Appeal and to the Federal Court:

Provided that where the decision comprises an award of compensation there shall be no appeal therefrom"

[4] The reading of the above proviso is clear that there shall be no appeal on a decision that comprises the award of compensation. However, if there is a question of law concerning compensation, the door is still open for further appeal to the Court of Appeal and the Federal Court.

[5] The interpretation of the proviso has been made by this Court in Semenyih Jaya Sdn Bhd v. Pentadbir Tanah Daerah Hulu Langat & Another Case [2017] 4 MLRA 554; [2017] 3 MLJ 561; [2017] 5 CLJ 526 where this was said: