SEPT 21 — Land acquisition in Malaysia under the Land Acquisition Act 1960 (Act 486) (LAA) can be described in ABCs – literally.

Here’s why.

A is Form A under Section 4(1). Whenever any land is likely to be acquired for any of the purposes under Section 3 – that is, (a) public purpose, (b) purpose beneficial to the economic development of the country or to the public generally or any class of the public,  or (c) purpose of mining or for residential, agricultural, commercial, industrial or recreational purposes or any combination of such purposes – the State Authority shall first publish a notification in Form A in the Gazette to notify the public.

B is Form B under Section 5(1). The State Director of Lands and Mines may by written authority in Form B authorise any officer or person, together with servants and workmen, to enter upon the land for preliminary work specified in the written authority.

C is Form C under Section 7(1)(b). The Land Administrator shall prepare a plan and list of lands to be acquired, and to subsequently submit it to the State Authority in Form C.

D is Form D under Section 8(1). When the State Authority decides which land is to be acquired, the State Authority shall publish a declaration in Form D in the Gazette. The declaration shall be conclusive evidence that the scheduled land referred therein is needed for the purpose specified.

E is Form E under Section 10(1). The Land Administrator shall give public notice in Form E to the occupier, registered proprietor, any person who has registered interest and/or any person whom the Land Administrator believes to have interest in the land, by stating the date and time of which the inquiry for the hearing of claims to compensation shall be held.

An inquiry shall be held and conducted by the Land Administrator to value the land and assess the amount of compensation payable to persons claiming interests in the land according to the consideration set out in the First Schedule (Principles Relating to the Determination of Compensation).

Parties claiming an interest in the land may appoint private valuers to present their claims for adequate compensation before the Land Administrator, by presenting evidence and/or private valuation report during the inquiry. 

All the evidence presented during the enquiry shall be recorded by the Land Administrator. 

The evidence presented by the parties during the inquiry shall be the foundation for the Land Administrator to determine the amount of the award of compensation.

Parties are not permitted to seek legal representation to act on their behalf during the inquiry. 

It is not uncommon for interested parties to miss the inquiry due to reasons often attributed to short notice or unsuccessful service of Form E. 

Nonetheless, the interested parties still retain their right to file an objection to the amount in the award of compensation within the specified time limit if they are dissatisfied with the award.

F is Form F under Section 11(2). The Land Administrator may require any party who has an interest in the land to submit evidence of their interest in the land in Form F.

G is Form G under Section 14(1). Upon the conclusion of the inquiry, regardless of whether the interested parties have or have not appeared at the inquiry, the Land Administrator shall prepare a written award in Form G. 

Every award prepared in Form G shall be filed in the office of the Land Administrator and shall be final and conclusive evidence of the area of any scheduled land, of its value in the opinion of the Land Administrator, and of the apportionment of the compensation awarded by the Land Administrator. 

In addition to the award, the Land Administrator shall determine the amount of the costs, which shall include any valuation fee prescribed by rules, incurred in the proceedings and by what persons and in what proportion they are to be paid.

In the course of making an inquiry and award the Land Administrator may, in respect of any scheduled land, whether by way of full or partial substitution for monetary compensation, enter into any arrangement with a person having an interest in such land in such a way as may be equitable, having regard to the interests of the parties concerned.

Whenever the Land Administrator enters into any such arrangement he shall make an entry of the particulars thereof in the appropriate register.

H is Form H under Section 16(1). The Land Administrator shall serve the written award in Form G to any person who has an interest in such land in Form H, which shall include an extract from the written award, relating to the land in which the person to whom such notice is addressed has an interest.

The Land Administrator may take possession of any land in respect of which an award has been made in Form G, such possession being taken at the time of the service of Form H, or at any time thereafter.

After a notice of award in Form H has been served in the prescribed manner upon all interested persons the Land Administrator shall, as soon as may be, make payment of each amount awarded to the person entitled thereto unless: (a) there shall be no person competent to receive such payment; (b) the person entitled thereto does not consent to receive the amount awarded; or (c) there is a dispute as to the right or title of the person to receive the compensation, or as to the apportionment thereof.

In the cases referred to in (a), (b) and (c) the Land Administrator shall apply ex parte to the Registrar of the Court in chambers, supported by affidavit, for an order to deposit the amount awarded into Court and, notwithstanding anything to the contrary in the law for the time being in force relating to civil procedure, the Registrar shall have power to make such order.

I is Form I under Section 19. In urgent cases, the State Authority may acquire land by giving notice in Form I before compensation is awarded.

J is Form J under Section 20 of the LAA. Notice shall be given in Form J to the occupants or owners of the land to vacate the land.

K is Form K under Section 22 of the LAA. Once a written award is served, the Land Administrator shall take formal possession of the land by serving upon the occupier of the land a notice in Form K. 

Upon taking possession of land the Land Administrator shall also serve a copy of Form K upon (a) the registered proprietor of the land, where he is not the occupier; (b) the proper registering authority, where he is not the Land Administrator himself; and (c) the statutory body, person or corporation, and the management corporation in respect of a subdivided building or land.

After completing Form K, the Land Administrator of his own motion shall make a memorial on the register document of title: (a) that the whole of such land has been acquired and has vested in the State Authority or, in the case of a parcel of a subdivided building or land, in the statutory body, person or corporation on whose behalf the parcel has been acquired; or (b) that so much of the land as is specified Form K has been acquired.

L is Form L under Section 24(1). Where the issue document of title (IDT) to any scheduled land has not previously been delivered to him, the Land Administrator shall serve a notice in Form L to demand for the IDT to be delivered to him for the issuance of a new IDT.

Three additional forms have been added following amendments to the LAA in 2016 which came into force in December 2017 – that is, Form LA, Form LB and Form LC.

Form LA is made under Section 35(1A). It is a notification of withdrawal of the State Authority from the acquisition of any land of which possession has not been taken. 

Form LA shall be published in the Gazette and all proceedings already taken or being taken in consequence of the declaration in Form D in respect of the land shall cease to have effect.

Form LB is made under Section 35(2). In accordance with the declaration of withdrawal acquisition in Form LA, the Land Administrator shall notify in Form LB the persons interested: (a) to determine the amount of compensation due for the damage, if any, done to such land by action taken pursuant to Form B and not already paid for, and pay such amount to the persons injured; (b) to pay to the persons interested all such costs as shall have been incurred by them by reason or in consequence of the proceedings for acquisition, together with compensation for the damage, if any, which they may have sustained by reason or in consequence of such proceedings; and (c) to prepare and serve on each person interested a notice in Form LC.

Form LC is made under Section 35(2)©. It is a notice of award and offer of compensation to persons interested all costs incurred by reason or in consequence of the proceedings for acquisition, together with compensation for the damage which may have been sustained by reason or in consequence of such proceedings.

The ABCs of the law are now at a crucial juncture. Under Section 35(1), the State Authority is at liberty to withdraw from the acquisition of any land of which possession has not been taken. Where possession has taken place, there is no turning back.

Some parties have claimed that the acquisition of the lands in Kampung Sungai Baru can be “reversed”. Obviously, these parties have not read the ABCs of land acquisition in Malaysia.

*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.