TEGAS SEJATI SDN BHD v. PENTADBIR TANAH DAN DAERAH HULU LANGAT & ANOR AND ANOTHER APPEAL
FEDERAL COURT, PUTRAJAYA
TENGKU MAIMUN TUAN MAT CJ
NALLINI PATHMANATHAN FCJ
MARY LIM FCJ
[CIVIL APPEAL NOS: 01(f)-46-11-2022(B) & 01(f)-47-11-2022(B)]
29 FEBRUARY 2024
[2024] CLJ JT (4)

Abstract – In assessing a complaint on the adequacy of compensation in a land acquisition matter, the court is bound to balance the competing interests of all parties involved. The question of adequacy of compensation can only be properly determined according to law if all concerned have had the opportunity to address the reasons, factors or circumstances which are relevant and necessary when computing or calculating the compensation. The opinions of the assessors who attend court and assist the High Court Judge in determining the matter of compensation so as to ensure that it is, at the end of the day, adequate, must thus be made known to the owners and those affected by the compulsory acquisition. Written opinions of the assessors must be provided to all parties; a failure to do so would tantamount to a non-compliance of s. 40C of the Land Acquisition Act 1960.

LAND LAW: Acquisition of land – Award of compensation – Opinion of assessors – Conduct of land reference proceedings – Whether written opinions of assessors form part of proceedings – Whether ought to be made available to parties – Whether assessment of adequacy of compensation ought to balance competing interests of parties involved – Whether there was failure to comply with s. 40C of Land Acquisition Act 1960

LAND LAW: Proceedings – Land reference proceedings – Conduct of – Acquisition of land – Award of compensation – Opinion of assessors – Whether written opinions of assessors form part of proceedings – Whether ought to be made available to parties – Whether assessment of adequacy of compensation ought to balance competing interests of parties involved – Whether there was failure to comply with s. 40C of Land Acquisition Act 1960