JUDGMENT

Mary Lim Thiam Suan FCJ:

[1] Although eight issues were identified for determination by this court, we allowed the appeals and remitted the matter to the High Court for a re-hearing after finding on the single issue of non-compliance of s 40C of the Land Acquisition Act 1960 [Act 486]. We found the non-compliance to be serious warranting us to intervene under the principles of appellate intervention.

Relevant Factual Background

[2] On 11 December 1987, the appellant entered into a joint-venture agreement with Perbadanan Setiausaha Kerajaan Selangor [PSKS] to develop several lots of land located at s 15, Daerah Hulu Langat in the State of Selangor. PSKS, as registered proprietor received the entire consideration under that joint-venture agreement and relinquished its rights to the appellant in respect of those lands.

[3] Some of the land involved in that development was subdivided into Lots 35126, 35127 and 35129. These subdivided lots were initially acquired by the State Government on 23 July 2015 for the purpose of "Projek Lebuhraya Bertingkat Sungai Besi - Ulu Kelang (SUKE), Daerah Ulu Langat, Selangor". Lembaga Lebuhraya Malaysia [LLM], the 2nd respondent was the paymaster for this acquisition. On 9 December 2016, the declaration of acquisition was amended to involve only Lots 35126 and 35127.