30/08/2026
The Zain Megat & Murad (ZMM) Strategic Land and Property Advisory Team were recently at the Muar High Court arguing a land reference matter arising from the compulsory acquisition of our client’s land. We are immensely pleased when the Court awarded our client a substantial amount of additional compensation.
Land reference proceedings have always occupied an interesting intersection between law, valuation and the constitutional guarantee of adequate compensation under Article 13 of the Federal Constitution.
Recent developments in this area of law are, in our view, particularly welcomed.
In Tegas Sejati Sdn Bhd v Pentadbir Tanah dan Daerah Hulu Langat & Anor [2024] 3 MLRA 272, the Federal Court held that the written opinions of the assessors assisting the High Court under section 40C of the Land Acquisition Act 1960 must be made available to the parties. The Federal Court emphasised that land reference proceedings are open Court proceedings and that transparency and fairness are integral to the rule of law.
More recently, the Court of Appeal in Loyal Synergy Sdn Bhd v Pentadbir Tanah Daerah Timur Laut Pulau Pinang [2026] 4 MLRA 74 reinforced that principle by making clear that disclosure must take place at a stage which allows the parties a meaningful opportunity to address the assessors’ opinions before the Court determines compensation.
Compulsory acquisition is, by its very nature, an exercise of the State’s power to deprive an owner of property. In such circumstances, fairness should not only be reflected in the amount ultimately awarded. It must also be evident in the process by which that amount is arrived at.
When the opinions which may influence the determination of compensation are disclosed and parties are afforded the opportunity to address them, the decision-making process becomes more transparent and open to scrutiny.
That can only lend utmost credibility and integrity to the land acquisition process, and ultimately assure confidence in the administration of justice in compulsory acquisition cases.
Against that evolving legal backdrop, the outcome in Muar was particularly gratifying.
For counsel, the work inevitably involves valuation methodology, comparable transactions, adjustments, statutory principles and evidence. But behind all those figures is a much simpler proposition: a person’s land has been compulsorily taken, and the law requires that adequate compensation be paid through a process that is itself fair.
Felicitations to the team Datuk Megat Abdul Munir, Asyraf Aziz, Kavyaasrini S. Mahendran and Nik Syakhir Mohd Yasin who worked on the matter and, as always, to our client for the confidence placed in us.
Some wins are best celebrated quietly. The principles which make the process fair, however, are worth speaking about.
