The Court of Appeal in Kumpulan Ladang-Ladang Trengganu Sdn Bhd v Pentadbir Tanah Daerah Kuala Nerus [2025] CLJU 1098 held that under section 38(3)(a) of the Land Acquisition Act 1960 (LAA 1960), parties present at a land acquisition inquiry must file objections to the compensation award in Form N within 6 weeks from the date of the LandAdministrator’s award, not from the receipt of Form H. The court also clarified that extensions of time under section 38(4) are granted sparingly and only in exceptional circumstances.
Background of the Case
The case arose from the compulsory acquisition of several parcels of land owned by Kumpulan Ladang-Ladang Trengganu Sdn Bhd (the Appellant) in Terengganu for the East Coast Rail Link (ECRL) project.
On 19 June 2022, the Land Administrator held an inquiry, which was attended by the Appellant and their valuer. The Land Administrator verbally announced the compensation award. The Appellant later contended that the amount was inconsistent with Form H andinadequate.
The formal written award (Form G) and notice of award (Form H) were served on the Appellanton 10 August 2022. The Appellant filed an objection in Form N on 18 September 2022, which was rejected by the Respondent (Land Administrator) as being filed out of time which is more than 6 week.
The Appellant filed an Originating Summons (OS) in the High Court, seeking an extension of time to file Form N, acceptance of the late filing, and referral of the matter to the court for compensation determination. The High Court dismissed the OS and found that the Appellant, being present at the inquiry, was bound by the 6 week deadline and failed to show special circumstances for an extension under section 38(4). The Appellant appealed to the Court of Appeal.
Court of Appeal’s Ruling
The Court of Appeal unanimously dismissed the appeal:
1. Objection Period Starts from Award Date, Not From Receipt of Form H
- Under section 38(3)(a) of the LAA 1960, parties present at the inquiry must file objections in Form N within 6 weeks from the date of the Land Administrator’s award.
- The court rejected the argument that the 6 weeks period should start from the receipt ofForm H. Section 16 governs the service of the award, not the timeframe for objections. The law distinguishes between parties present at the inquiry (who must file within 6 weeks of the award) and those absent (who may file within 6 weeks of receiving Form H or 6 months from the award, whichever is earlier).
- The Court also rejected the contention that an award is incomplete until Form H is served. Under section 14, the Land Administrator’s award is final and conclusive once issued in writing upon conclusion of the inquiry.
2. Strict Compliance and the High Bar for Extensions
- Under section 38(4), courts may extend the 6 weeks filing deadline only in “special circumstances.” The Court emphasized that this discretion is narrow and to be exercised sparingly.
- The Appellant cited discrepancies between the verbal award and Form H, inadequate compensation, and unconsidered damages. However, the Court found no exceptional grounds for extension, noting the lack of supporting affidavit and that valuation disputes do not qualify as “special circumstances.”
Key Provisions of the LAA 1960
- Section 14: The Land Administrator’s award in Form G is final and conclusive upon completion of the inquiry.
- Section 16: Requires the award to be served via Form H for communication, but does not affect the objection period for parties present at the inquiry.
- Section 38(3)(a): Objection must be filed within 6 weeks of the award date for parties present at the inquiry.
- Section 38(3)(b): Allows absent parties to file within 6 weeks of receiving Form H or 6 months from the award date, whichever is earlier.
- Section 38(4): Extensions of time may be granted only in special circumstances, and sparingly.
Key Takeaways
- Act Promptly if Present at Inquiry: Parties attending a land acquisition inquiry must file objections in Form N within 6 weeks from the award date, not from receipt of Form H.
- Strict Compliance with LAA 1960: The procedural timelines are mandatory, and courts enforce them strictly to ensure fairness and efficiency.
- Special Circumstances Requirement: Extensions of time under section 38(4) require exceptional circumstances.
- Document Discrepancies Thoroughly: Claims of discrepancies in awards must be substantiated with clear evidence to be considered credible.
- Ensure Representation at Inquiries: Landowners should ensure competent representation at land acquisition inquiries, because being present starts the 6-week period to file objection under section 38(3)(a), and failure to act promptly can forfeit objection rights.
– By George Miranda, Joy Sam Jia Qian, Nurafiqah ‘Izzati –
This article is for general information purposes only and does not constitute legal or professional advice. It should not be used as a substitute for legal advice relating to your particular circumstances. Please note that the law may have changed since the date of this article.
