24/07/2011 24/07/2011

Jamaludin Yaakob

LAND ACQUISITION

 Objectives  Introduction  Definition  Legal basis  Governing law

 Purpose  Procedure  Compensation  Challenging

24/07/2011

Jamaludin Yaakob

LAND ACQUISITION

At the end of the lectures students should acquire these abilities:

 To discuss the legal basis  To analyse the purpose  To examine the procedure  To explain the assessment of market value  To evaluate the validity
24/07/2011 Jamaludin Yaakob 3

LAND ACQUISITION

 Torrens System NLC 1965 land belongs to state  Powers of disposal - alienation -reversion  Land state matter  Land development by Federal & State  State needs to acquire alienated land from registered proprietor of alienated land  Definition of land acquisition
24/07/2011 Jamaludin Yaakob 4

LAND ACQUISITION

Chiranjit Lal v. Union of India AIR 1951 SC 41

Acquisition means the acquiring of the entire title of the expropriated owner, whatever the nature or extent of that title may be. The entire bundle of rights which were vested in the original holder would pass on acquisition to the acquirer leaving nothing to the former. At page 51

24/07/2011

Jamaludin Yaakob

LAND ACQUISITION

 Citizens view

strictly contrary to freedom of property in capitalist society.

 States view

Role/function of government welfare of society where land is required to carry out this function land acquisition becomes necessary.

24/07/2011

Jamaludin Yaakob

LAND ACQUISITION

 Legal Principle

Solus populi suprema lex the public interest is paramount and that private interest may in certain circumstances be subordinated to the higher interest of the public. Doctrine of eminent domain State of Bihar v. Kameshirar Singh Yeap Seak Pen v. Government of Kelantan
24/07/2011 Jamaludin Yaakob 7

LAND ACQUISITION

 Legal Principle

Yeap Seak Pen v. Government of Kelantan The exercise of such power has been recognised in the jurisprudence of all civilised countries as conditioned by public necessity and payment of compensation.

24/07/2011

Jamaludin Yaakob

LAND ACQUISITION

 Legal Principle

Federal Constitution (Article 13) a. No person shall be deprived of property save in accordance with law. b. No law shall provide for compulsory acquisition or use of property without adequate compensation.

24/07/2011

Jamaludin Yaakob

LAND ACQUISITION

 Legal Principle  Charanjit Lal v. Union of India

It is a right of every sovereign to take and appropriate private property belonging to individual citizens for public use. This right which is described as eminent domain in American law, is like the power of taxation, an offspring of political necessity and it is supposed to be based upon an implied reservation by government that property acquired by its citizens under its protection may be taken or its use is controlled for public benefit irrespective of the wishes of the owner. BK Mukherjee J.
24/07/2011 Jamaludin Yaakob 10

LAND ACQUISITION

 Federal Constitution  National Land Code 1965  Land Acquisition Act 1960 (Rev. 1965)

24/07/2011

Jamaludin Yaakob

11

LAND ACQUISITION

Purpose
 Public Purpose  Section 3 Land Acquisition Act 1960  Syed Omar al-Sagoff & Anor v. Government of the State of Johore [1979] 1 MLJ 49  Kulaisingam & Anor v. Commissioner of Lands, Federal Territory & Anor [1982] 1 MLJ 204  Yeap Seok Pen v. Government of State of Kelantan [1982] 2 MLJ 202  Stamford Holdings Sdn. Bhd. V. Kerajaan Negeri Johor & 4 Ors. [1995] 2 AMR 1138  More cases on Public Purpose
24/07/2011 Jamaludin Yaakob 12

LAND ACQUISITION

PROCEDURE
Note : Importance of Procedure 1. Declarations of Acquisition (sections 4,5 & 6 - Forms A & B) 2. Enquiry (section 9 - Form E) 3. Award (sections 14 & 16 - Forms G & H) 4. Taking Possession (section 22 - Form K) 5. Payment (section 29) 6. Reference to Court (section 36, 37, 3843)
24/07/2011 Jamaludin Yaakob 13

LAND ACQUISITION

PROCEDURE
Importance of Procedure


Article 13(1): No person can be deprived of property except in accordance with law.

Goh Seng Peow & Sons Realty v. CLR WP [1986] 2 MLJ 395

24/07/2011

Jamaludin Yaakob

14

LAND ACQUISITION

PROCEDURE
1. Declarations of Acquisition  Section 4 - Form A
 Preliminary Declaration (Declaration of Intention 

Section 5 - Form B
 It enables the State Authority to enter land and carry out investigation/inspection, survey, soil test, etc. Section 7 - Form C  State Authority prepares Schedule of land affected by the intended acquisition exercise.

24/07/2011

Jamaludin Yaakob

15

LAND ACQUISITION

PROCEDURE
1. Declarations of Acquisition


Section 8 - Form D
 Declaration of Acquisition  If investigation proves site suitable for purpose of acquisition then State Authority issues Declaration of Acquisition in Form D  Period between Form A and Form B 12 months

24/07/2011

Jamaludin Yaakob

16

LAND ACQUISITION

PROCEDURE


Significant of Form D Market Value: o Form D is issued within 6 months of Form A market value as at date of Form A  Form D is issued after 6 months of Form A market value as date of Form D Notice of RDT:
 Notice of acquisition endorse in RDT on date of Form D
24/07/2011 Jamaludin Yaakob 17

LAND ACQUISITION

PROCEDURE
 Significant of Form D

Award  within 2 years of Form D otherwise the declaration under section 4 lapses. Acquisition exercise lapses:  Form D is issued after 12 months of Form A Acquisition lapses.
 Award not paid within 2 years of Form D

Conclusive Evidence [s.8(3)]:

 Purpose of acquisition permits by the Act
24/07/2011 Jamaludin Yaakob 18

LAND ACQUISITION

PROCEDURE
2. Enquiry
 Section 9 - Form E

Purposes:
 To investigate interested parties and their status with respect to the land.  To hear claims or objections  To determine value of land prepare valuation report  To make awards

Section 11 - Form F
 Notice requiring written answer
24/07/2011 Jamaludin Yaakob 19

LAND ACQUISITION

PROCEDURE
3. Award
 Section 14- Form G:

Written award of compensation

 Section 16 - Form H:

Notice of award and offer of compensation

24/07/2011

Jamaludin Yaakob

20

LAND ACQUISITION

PROCEDURE
4. TAKING POSSESSION
 Section 22 - Form K:

Notice that possession of land has been taken

 Section 24 - Form L:

Notice to deliver IDT

 Entry in Document of Title  Memorial in RTD  Surrender of IDT
24/07/2011 Jamaludin Yaakob 21

LAND ACQUISITION

PROCEDURE
4. TAKING POSSESSION
 Section 19 - Form I:

Certificate of Urgency
 Section 20 - Form J:

Notice to vacate building/land under certificate of urgency

 Section 58 - Form Q:

Notice to occupy temporarily

24/07/2011

Jamaludin Yaakob

22

LAND ACQUISITION

PROCEDURE
5. PAYMENT OF AWARD Section 29(1) as soon as may be

24/07/2011

Jamaludin Yaakob

23

LAND ACQUISITION

PROCEDURE
6. Reference to Court
 Section 36 - Form M : By Collector of Land Revenue  Section 38(1) - Form N : By Proprietor  Section 38(5) - Form O : By State Authority  Section 43 - Form P : Notice of Hearing  Section 56
24/07/2011 Jamaludin Yaakob 24