Land acquisition act


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land acquisition in malaysia perspective

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Land acquisition act

  1. 1. •Nur Syahirah bt Zainal Abidin •Nurulhasriah bt Hassan Buseri •Hanis Syahirah bt Mohd Zulkefli •Noor Atikah bt Noor Abidin
  2. 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. 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. 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)
  5. 5. 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.
  6. 6.   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)
  7. 7.  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.
  8. 8. 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
  9. 9.  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.
  10. 10. 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.
  11. 11.  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
  12. 12.  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.
  13. 13. 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
  14. 14. 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.)
  15. 15. 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
  16. 16. 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.
  17. 17. 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.
  18. 18. The End.. Thank you for lending us everything