1. •Nur
Syahirah bt Zainal Abidin
•Nurulhasriah bt Hassan Buseri
•Hanis Syahirah bt Mohd Zulkefli
•Noor Atikah bt Noor Abidin
2. Act of getting back the land by the
government with the certain
compensation.
An Act relating to the acquisition of
land, the assessment of compensation
to be made on account of such
acquisition, and other matters
incidental thereto. (Land Acquisition
Act 1960 Act 486)
3.
To ensure the violation to the provision
of Article 13 of Federal Constitution.
1) No person shall be deprived of
property saved in accordance with law
2) No law shall provide for the
compulsory acquisition or use of
property without adequate
compensation
4.
To ensure the uniformity of law and
policy [FC 76(4)]
… I would like to make it clear to the house
that this is a federal bill introduced under
article 76(4) of the constitution for the purpose
of ensuring uniformity within all the states in
the matter of compulsory land acquisition…
(Tun Abdul Razak- DPM- Dewan Rakyat-12th
Sept 1960)
6. Purposes of acquisition of property
Authorities empowered to acquire
land
3. Procedure for carrying out land
acquisition
4. Manner of challenging acquisition
proceedings
5. Method of assessment of adequate
compensation
1.
2.
8.
Torrens system is a registration- based
system of land management.
Component
Certificate of title( describing the interest of
owner and any other restrictions)
Maps and surveyors plans( noting boundaries and
allotments)
Electronic land title systems( cataloguing titles
and plans)
9.
Two principles of Torrens system:
Mirror principle
The registrar reflect accurate and completely the
current fact about person title.
Curtain principle
All the information about the land ownership is in the
document. So that, if the owner want to sell the
land, the buyer should refer to that document only
and cannot look further.
11. Department /
Applicant’s Agency
Approval by State
Authority
Enquiry by Land
Administrator under
Section 12
Issuance of Report
and Valuation by
JPPH
Written award by
Land Administrator
in (Form G)
Notice of Formal of
the land in (Form K)
Gazette Notification
under section 4
Gazette Notification
under section 8
12.
3. (1) The State Authority may acquire any land
which is needed(a) For any public purpose;
(b) By any person or corporation for any purpose which
in the opinion of the State Authority is beneficial to
the economic development of Malaysia or any part
thereof or to the public generally or any class or the
public; or
(c) For the purpose of mining or for residential,
agricultural, commercial, industrial or recreational
purposes or any combination of such purposes.
13. Application To Court
Any person interested in any scheduled land
who, pursuant to any notice under section 10
or 11, has made a claim to the Land
Administrator in due time and who has not
accepted the land.
14.
Administrator’s award thereon , or has
accepted payment of the amount of such
award under protest as to the sufficiency
thereof, may, subject to this section, make
objection to(a) The measurement of the land;
(b) The amount of the compensation;
(c) The persons to whom it is payable;
(d) The apportionment of the compensation
15.
Where any land has been acquired under this
Act, whether before or after the
commencement of this section, no
subsequent disposal or use of, or dealing
with, the land, whether by the State
Authority or by the Government, person or
corporation on whose behalf the land was
acquired, shall invalidate the acquisition of
the land.
17. India
Australia
Malaysia
Provided in Section 5A
• Person who has the
right to object to the
acquisition of the land or
of any land in the locality
within 30days.
Provided in Section 12(1) A
•person who has an interest
in the subject land request
the authority:
1. not to proceed with the
acquisition of the subject
land or
2. request an alteration in
the boundaries of the
subject land request that
a particular part of the
subject land be not
acquired.
Provided in Section 37
Person may have the right
to object for these
particular matters ONLY:
1. The measurement of
the land;
2. The amount of the
compensation;
3. The persons to whom it
is payable;
4. The apportionment of
the compensation
18. The right to raise objection against any proposal to
acquire land is given in the law in India.
However, the Malaysia Act makes no such provision
The question is whether any pre -acquisition hearing
could be claim by the land owner from the general
principle of Administrative Law such as natural
justice or fairness
(Refer to pre-acquisition in both countries.)
19. Malaysia
Not provided
Australia
Provided in section 12(2)(b)(iii)(B)
• an Aboriginal group that claims to hold
native title in the land and for which there
is no registered representative has, in
accordance with the regulations,
authorised the representative Aboriginal
body to act on its behalf.
Related case:
[2005] 6 MLJ 289
Kerajaan Negeri Selangor & ORS v Sagong bin Tasi & ORS
20. Advantage
Disadvantage
•The advantages are seen to be
bound on Government’s point of
view.
•The landowners are seen as the
worse-off partyafter the
acquisition.
•As a government tool to
assemble land inresolving the
land supply problems
for development.
•Complicated procedures, time co
nsuming andmay be expensive on
cost for the landowners.
•To avoid situation where
individual landownerscan
frustrate development by
refusing to sell.
•Compensation may be seen as
ungenerous andusually not up to
the expectation of the
landowners.
21. Advantage
•Compensation based on the
market valuesatisfies the
adequate compensation.
Disadvantage
•Serious encroachment of right
towards anindividual property.
•Time saving on acquisition
•Mostly are not welcomed by
part and lesser problems to the the landowners.
acquiring body.
•To avoid the land owners to
hold out anunreasonable
purchase for the land.
•Always opposed by the
affected landowners.