Description
In a legal landscape where private land ownership intersects with the State’s authority to acquire land for public purposes, Land Acquisition Proceedings: Principles and Procedure in Malaysia offers a timely and comprehensive examination of this complex area of law. Dato’ R.K. Nandy masterfully unpacks the doctrine of dominium eminens—the State’s right to compulsory acquisition—against the protective framework provided under Article 13 of the Federal Constitution and the Land Acquisition Act 1960 (Act 486).
With detailed reference to constitutional guarantees, statutory safeguards, and landmark decisions—including Tegas Sejati Sdn Bhd v Pentadbir Tanah dan Galian Hulu Langat & Anor and other recent Federal Court rulings—the author presents a structured and accessible narrative of the legal principles, procedures, and remedies involved in land acquisition proceedings.
This book is meticulously organized in accordance with the format and structure of Act 486, including its most recent amendment via the Land Acquisition (Amendment) Act 2016 (Act A1517). It also delves into judicial review and other forms of legal redress available to landowners, offering critical insights into the mechanisms that uphold fairness and justice in compulsory land acquisition.
Written with both depth and clarity, this work is an essential reference for judges, legal practitioners, law students, valuers, and professionals involved in property and land development. With a strong grounding in both statutory interpretation and practical application, this authoritative volume stands as a vital contribution to Malaysia’s legal scholarship.
Table of Contents:
Chapter 1: UNDERSTANDING THE LAND ACQUISITION ACT 1960 (ACT 486)
Chapter 2 MALAYSIAN FEDERAL CONSTITUTION & THE RIGHT TO PROPERTY OWNERSHIP – Article 13 Federal Constitution
Chapter 3 ACQUISITION OF LAND BY THE STATE AUTHORITY
– Scope of Part II (Section 3) of Act 486-Procedure
Chapter 4 LAND ACQUISITION PROCEEDINGS-Scope of Part II
– (Sections 4 – 9) of Act 486
-Preliminary notice
Chapter 5 OPPOSING THE LAND ACQUISITION PROCEEDINGS
– Grounds
Chapter 6 COMMENCEMENT OF PROCEEDINGS AND THE POWERS & FUNCTIONS OF THE LAND ADMINISTRATOR
-Scope of Part II (Sections 10 – 16) of Act 486
Chapter 7 PRINCIPLES RELATED TO THE DETERMINATION OF COMPENSATION
– Scope of the First Schedule to Act 486
Chapter 8 TAKING POSSESSION OF LAND BY THE STATE AUTHORITY AND THE PAYMENT OF COMPENSATION BY THE LAND ADMINISTRATOR
– Scope of Part IV (Sections 18 – 35) of Act 486
Chapter 9 REFERENCE TO COURT
– Scope of Part V (Sections 36 – 51) of Act 486
Chapter 10 PROCEEDINGS AT THE HEARING OF THE REFERENCE
– Scope of Part V (Sections 43 – 51) Of Act 486
Chapter 11 TEMPORARY OCCUPATION OR USE OF LAND
– Scope of Part VII (Sections 57 – 61) of Act 486
Chapter 12 MISCELLANEOUS PROVISIONS, OFFENCES & REMEDIES IN LAND ACQUISITION PROCEEDINGS
– Scope of Part VIII (Sections 62 – 69) of Act 486
Chapter 13 JUDICIAL REVIEW IN LAND ACQUISITION PROCEEDINGS
Chapter 14 GUIDELINES BY THE DIRECTOR GENERAL OF LAND & MINES
Chapter 15 ACQUISITION OF SUBDIVIDED BUILDING OR LAND
ABOUT THE AUTHOR:
Dato’ R.K.Nandy is an Advocate and Solicitor of the High Court of Malaya (non-practicing). Having been in the housing development business for the past 9 years, he was in active legal practice for several years specializing in housing development law. The author holds a Bachelor of Law degree from the University of Wales, United Kingdom, and was previously engaged in active legal practice in Malaysia before transitioning into the fields of property development and academia over the past several years. He is also the course and content creator, as well as the founder, of several professional diploma programmes awarded by the London Examination Board of the United Kingdom, namely the Professional Diploma in Trust Management (Islamic & Non-Islamic), Professional Diploma in Estate Planning & Trust Management (Islamic & Non-Islamic), and the Professional Diploma in Conveyancing in Malaysia. Besides, the author’s other literary accomplishments and publications are as follows:
– The Law of Trusts & Trustees in Malaysia & Singapore
– Probate & Administration in Malaysia | Jan 2024
– Law of Wills in Malaysia and Singapore | Aug 2023
– Injunctions & Specific Performance in Malaysia | Nov 2023
– The Wealth Manager’s Guide to Islamic & Conventional (Wealth Management) | Oct 2023
– The Fundamentals of Islamic Wealth Management (Syariah & Legal Principles).
– The Islamic Worldview of Money, Social Finance, Wealth & Financial Wellbeing (Malaysia, Singapore & Brunei).
– The Student’s Guide to the Administration of Estates in Malaysia.
– Trustees Duties, Responsibilities & Liabilities in Malaysia.
– Islamic Estate Planning & Administration of Estates, Malaysia.
– Instruments of Dealings & Caveats in Malaysia.
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