MAH CHIN BOOI v Pentadbir Tanah Wilayah Persekutuan Kuala Lumpur

wa-15-1-01-2023 High Court (Mahkamah Tinggi) 9 April 2025 • WA-15-1-01/2023 • 52 min read

21 cases cited (0 SG, 21 foreign)

Catchwords

whether the written opinions of the two assessors in a Land Reference under section 40D of the Land Acquisition Act 1960-must be given to parties for counsel to submit on their contents before the High Court delivers its decision-The doctrine of cuius est solum, eius est usque ad coelum et ad inferos-land owners have the rights not only to the plot of land itself, but also the air above and the ground below-the ad coelum doctrine-[14] This right of ownership over land has been restricted by section 44 of the National Land Code, which provides that the landowner shall be entitled to “the exclusive use and enjoyment of so much of the column of airspace above the surface of the land, and so much of the land below the surface, as is reasonably necessary to the lawful use and enjoyment of the land”-The Federal Constitution guarantees a person to a right to property-Article 13 of the Federal Constitution-“(1) No person shall be deprived of property save in accordance with law-(2) No law shall provide for the compulsory acquisition or use of property without adequate compensation.”-the land acquisition process and procedure in Malaysia-must be strictly adhered to-an aggrieved party has a legal right to object to the award of the land administrator by way of a land reference to the High Court provided-Land Reference Court-40D of the LAA to be ultra vires the Federal Constitution-Arahan Amalan Hakim Besar Malaya Bil. 1 Tahun 2017-whether the declaration of law-Sejati has retrospective effect or is only prospectively effective from its decision-The written opinions of the two assessors in a Land Reference under section 40D of the LAA must be made available to parties for counsel to submit on their contents before the High Court delivers decision on the Land Reference

Judges (1)

Leong Wai Hong Delivered

Parties (2)

Pentadbir Tanah Wilayah Persekutuan Kuala Lumpur Respondent Mah Chin Booi Appellant

Case Significance

MAH CHIN BOOI v Pentadbir Tanah Wilayah Persekutuan Kuala Lumpur is a High Court (Mahkamah Tinggi) decision dated April 9, 2025 (citation: wa-15-1-01-2023). The case was decided by Leong Wai Hong.

What was the outcome of MAH CHIN BOOI v Pentadbir Tanah Wilayah Persekutuan Kuala Lumpur?

MAH CHIN BOOI v Pentadbir Tanah Wilayah Persekutuan Kuala Lumpur is a High Court decision dated April 9, 2025. The case was heard by Leong Wai Hong. See the full judgment for details.

Statutes Cited

Federal Constitution

Art 13

Land Acquisition Act 1960 (Cap 486)

s 3(1)(c)

National Land Code (Cap 828)

s 44

Sarawak Land Code

s 60 s 60(1)(a)

Strata Management Act 2013

s 20

Strata Titles Act

s 42(1) s 57A

Strata Titles Act 1985 (Cap 318)

s 17B s 39(3)

Cases Cited (21)

MY (21)

[1962] MLJ 169 [1965] 1 MLJ 171 [1990] 2 CLJ 926 [1990] 3 MLJ 282 [2011] 4 MLJ 403 [2013] 5 CLJ 571 [2014] 6 MLJ 439 [2014] 6 MLJ 821 [2014] 8 MLJ 94 [2017] 3 MLJ 561 [2018] 6 MLJ 783 [2018] 7 CLJ 685 [2018] MLJU 442 [2018] MLJU 647 [2020] MLJU 110 [2021] 10 MLJ 752 [2021] 4 MLJ 1 [2022] 5 MLJ 21 [2023] 10 CLJ 206 [2024] 3 MLJ 329 [2025] MLJU 487

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-15-1-01-2023)