Land acquisition’s chequered history


  • Nation
  • Sunday, 30 Jul 2017

IN the early days of land acquisition in Malaysia, the Land Administrator holds an inquiry after a Section 8 notice under the Land Acquisition Act (LAA) is issued to a land owner.

A Section 8 notice is a declaration of the acquisition of a said piece of land to the land owner.

“The land administrator would be assisted by the assessor, usually the Government’s valuation officer, on technical matters. If the land owner objected to the amount, the administrator will refer the objection to the High Court in a land reference,” says a retired judge who was also in legal practice before his elevation.

“In the 1970s, one judge sat with two assessors but it was the judge who made the determination of adequate compensation.

“From 1984 to the end of the 1980s, a single judge sat alone. This coincided with the land acquisitions for KLIA, the estate lands that would help make up Putrajaya and the Malaysia-Singapore Second Link.”

But because there was much unhappiness on the part of some state agencies and land owners on the compensations of the judge, the Executive and Legislature amended the LAA in 1998 to introduce Section 40D for two assessors to sit with the High Court judge again, he adds.

“This time, however, the judge was deprived of his judicial powers and it was the assessors who determined the compensation. Even in a disagreement between the assessors on the quantum of compensation, the judge could only pick one or the other.

“Further, the decision made was final and non-appealable.

“Happily, the Federal Court has declared Section 40D unconstitutional and restored judicial power. The assessors now just provide advice that is not binding on the judge.”

Article type: metered
User Type: anonymous web
User Status:
Campaign ID: 1
Cxense type: free
User access status: 3

Related stories:

Separate and equal

Government , Land Acquisition Act

   

Did you find this article insightful?

Yes
No

Next In Nation

Cradle Fund CEO murder trial: Arrow fragments found in house compound, court told
Inter-district travel opens up opportunities for tourism sector, says Nancy
Umno members must vote to cut ties with Bersatu, says Ku Li
Covid-19: Sabah records lowest daily cases at 53 since last September
Covid-19: Seven new clusters detected, one linked to Seremban old folks home, others to workplaces
CMCO: Travel between Selangor, KL allowed but police permission needed to enter Putrajaya, says Ismail Sabri
Health DG: Protecting 'green zones' remains top priority in interstate travel decision
Ismail Sabri: Allowing interstate travel depends on Health Ministry's risk assessment
Malaysia calls for dialogue, release of Aung San Suu Kyi and others by Myanmar military
Covid-19 cases on downward trend with 1,555 new infections on Tuesday

Stories You'll Enjoy


Vouchers