The document discusses land acquisition procedures in Malaysia. It provides details on:
1) The purposes for which land can be acquired under Section 3(1) of the Land Acquisition Act (LAA) including for public purpose, economic development, and residential/commercial purposes.
2) Cases that have helped define key terms like "public purpose" and scope of acquisition.
3) The application process for land acquisition including required documents and deposits.
4) Steps after application including review by relevant authorities and conditions for acquisition approval.
5) Grounds for challenging an acquisition and basis for determining compensation.
Blue screen-la process flow [compatibility mode]Aeisyah Suhaili
The document summarizes the land acquisition process in Malaysia based on the Land Acquisition Act 1960. It discusses the purposes for which land can be acquired under sections 3(1)(a)-(c) of the act, including for public purpose, economic development, and residential/commercial purposes. It also outlines the application process, including fees, deposits, and documents required. Finally, it describes the process after application, including review by the State Economic Planning Unit and potential negotiations with existing landowners.
The document discusses various grounds and principles for challenging land acquisition proceedings in Malaysia. Some key points:
- Acquisition can be challenged if the acquiring authority exceeded its statutory powers or took the land for a purpose outside the scope of the act.
- Grounds for challenge include ultra vires, breach of natural justice, mala fide (bad faith), non-compliance with provisions, and unreasonable delay.
- Cases provide examples where acquisition was challenged for mala fide due to personal vendetta, or due to long delays of several years in the inquiry/award/payment process.
The document summarizes key aspects of land acquisition procedures under the Malaysian Land Acquisition Act 1960. It discusses:
1) The three stages of land acquisition - pre-acquisition, acquisition, and post-acquisition. This includes the various forms used to notify landowners and conduct inquiries.
2) Case law that has established the government has sole discretion to determine what constitutes a "public purpose" for acquisition.
3) Amendments to the Act in 1991 that expanded the purposes for which land could be acquired to include economic development and public benefit.
4) Procedures that must be followed, such as publishing notices and consulting planning authorities, as well as exceptions where failure to follow certain steps
Grounds for challenging compulsory land acquisitionHafizul Mukhlis
There are limited grounds for challenging compulsory land acquisition by the state authority. An acquisition can be challenged if the acquiring authority acted beyond its statutory powers (ultra vires), with mala fide (bad faith), or in breach of natural justice. Some key grounds for challenging include dissatisfaction with the compensation amount, delays in processes like holding inquiries or making payments, and non-compliance with acquisition act provisions. The principal cases discussed involved challenges of ultra vires acquisition, denial of natural justice, unreasonable delays, and dissatisfaction with compensation valuation and awards.
This document discusses land acquisition policies and processes in India. It provides an overview of the Land Acquisition Act of 1894 and issues with it, including low compensation amounts and lack of rehabilitation provisions. It also discusses the proposed Land Acquisition, Rehabilitation and Resettlement Bill of 2011, which aims to address these issues by providing greater consent requirements, return of unused land, sharing of land appreciation, and stronger rehabilitation and resettlement provisions. The document also compares land acquisition processes internationally and provides recommendations for India such as acquiring surplus land, distributing development stocks/options to landowners, and establishing a more liberal and competitive framework.
Land Acquisition in Malaysia: The Must Know & The Must NotAdeline Chin YF
The slides provide a brief overview of the land acquisition process in Malaysia alongside recent developments and notable cases related to land acquisition. Also included are methods to contesting an award of compensation during compulsory land acquisitions, recent developments in appealing a land reference order, and the filing of judicial review to challenge an acquisition.
This document is the Urban Land (Ceiling and Regulation) Act of 1976 which aims to impose a ceiling on vacant urban land, acquire land held in excess of the ceiling limit, regulate building construction on urban land, and bring about equitable distribution of urban land. It applies to several states that passed legislative resolutions allowing Parliament to regulate urban land issues. Key terms like "urban land", "urban agglomeration", and "ceiling limit" are also defined.
Blue screen-la process flow [compatibility mode]Aeisyah Suhaili
The document summarizes the land acquisition process in Malaysia based on the Land Acquisition Act 1960. It discusses the purposes for which land can be acquired under sections 3(1)(a)-(c) of the act, including for public purpose, economic development, and residential/commercial purposes. It also outlines the application process, including fees, deposits, and documents required. Finally, it describes the process after application, including review by the State Economic Planning Unit and potential negotiations with existing landowners.
The document discusses various grounds and principles for challenging land acquisition proceedings in Malaysia. Some key points:
- Acquisition can be challenged if the acquiring authority exceeded its statutory powers or took the land for a purpose outside the scope of the act.
- Grounds for challenge include ultra vires, breach of natural justice, mala fide (bad faith), non-compliance with provisions, and unreasonable delay.
- Cases provide examples where acquisition was challenged for mala fide due to personal vendetta, or due to long delays of several years in the inquiry/award/payment process.
The document summarizes key aspects of land acquisition procedures under the Malaysian Land Acquisition Act 1960. It discusses:
1) The three stages of land acquisition - pre-acquisition, acquisition, and post-acquisition. This includes the various forms used to notify landowners and conduct inquiries.
2) Case law that has established the government has sole discretion to determine what constitutes a "public purpose" for acquisition.
3) Amendments to the Act in 1991 that expanded the purposes for which land could be acquired to include economic development and public benefit.
4) Procedures that must be followed, such as publishing notices and consulting planning authorities, as well as exceptions where failure to follow certain steps
Grounds for challenging compulsory land acquisitionHafizul Mukhlis
There are limited grounds for challenging compulsory land acquisition by the state authority. An acquisition can be challenged if the acquiring authority acted beyond its statutory powers (ultra vires), with mala fide (bad faith), or in breach of natural justice. Some key grounds for challenging include dissatisfaction with the compensation amount, delays in processes like holding inquiries or making payments, and non-compliance with acquisition act provisions. The principal cases discussed involved challenges of ultra vires acquisition, denial of natural justice, unreasonable delays, and dissatisfaction with compensation valuation and awards.
This document discusses land acquisition policies and processes in India. It provides an overview of the Land Acquisition Act of 1894 and issues with it, including low compensation amounts and lack of rehabilitation provisions. It also discusses the proposed Land Acquisition, Rehabilitation and Resettlement Bill of 2011, which aims to address these issues by providing greater consent requirements, return of unused land, sharing of land appreciation, and stronger rehabilitation and resettlement provisions. The document also compares land acquisition processes internationally and provides recommendations for India such as acquiring surplus land, distributing development stocks/options to landowners, and establishing a more liberal and competitive framework.
Land Acquisition in Malaysia: The Must Know & The Must NotAdeline Chin YF
The slides provide a brief overview of the land acquisition process in Malaysia alongside recent developments and notable cases related to land acquisition. Also included are methods to contesting an award of compensation during compulsory land acquisitions, recent developments in appealing a land reference order, and the filing of judicial review to challenge an acquisition.
This document is the Urban Land (Ceiling and Regulation) Act of 1976 which aims to impose a ceiling on vacant urban land, acquire land held in excess of the ceiling limit, regulate building construction on urban land, and bring about equitable distribution of urban land. It applies to several states that passed legislative resolutions allowing Parliament to regulate urban land issues. Key terms like "urban land", "urban agglomeration", and "ceiling limit" are also defined.
This document outlines the procedure for compulsory land acquisition in Malaysia as prescribed by the Land Acquisition Act 1960 (LAA 1960). It discusses the key stages of acquisition including preliminary notification, survey and investigation of land, declaration of intent to acquire, inquiry process, award of compensation, and appeal process. The principles for determining adequate compensation under the LAA 1960 and Federal Constitution are also examined, focusing on market value and matters to consider or neglect in assessing compensation.
The document discusses the Land Acquisition Act of Malaysia. It provides 3 key points:
1. The Act allows the government to acquire private land for public purposes like development projects, with compensation provided to landowners. It aims to ensure uniform land laws across Malaysian states.
2. The procedures for land acquisition include gazetting of acquisition notices, evaluations of land value, awards given to landowners, and objection periods for challenging acquisitions.
3. Other countries like India and Australia also have laws governing land acquisition, but Malaysia's law does not allow objections against the principle of acquisition itself like other systems do.
The document discusses the process of land acquisition in India according to the Land Acquisition Act of 1894. Some key points:
1) Land can only be acquired by the government for public purposes by invoking the Land Acquisition Act and providing compensation. The Act allows for both voluntary acquisition as well as compulsory acquisition of privately owned land.
2) There are important stages to the acquisition process including preliminary notification and surveys, declaration of intent to acquire, determination of compensation, and finally taking possession of the land.
3) Compensation for acquired land must be based on the market value of the land at the time of notification, as determined by analyzing sale prices of similar lands in the vicinity. Structures are separately
The Land Acquisition Act 1960 allows the government to acquire private land for public purposes, such as infrastructure and development projects. Compensation is required to be provided to the land owner. Compensation amounts are determined based on the market value of the land and may also include amounts for issues like severance of remaining land, loss of business, relocation costs, and any increase or decrease in land values due to the purpose of acquisition. The Act aims to ensure land owners are financially compensated to the same level as if their land had not been acquired, following principles of fairness and adequate compensation under the Malaysian Constitution.
The document summarizes key aspects of land acquisition law in Malaysia, including:
1) The finality of the Land Administrator's award of compensation and circumstances where it can be challenged.
2) How compensation is assessed based on market value principles and other factors in the First Schedule such as severance.
3) The process for objecting to a land acquisition award, including statutory criteria for locus standi, grounds for objection, and procedures upon filing an objection.
4) Case law addressing issues like delays invalidating acquisitions, standards for determining compensation amounts, and constitutional challenges.
Topic 5 on Land Acquisition by my lecturer, Madam Kamilah. This topic will talk about the concept of land acquisition in Malaysia based on National Land Code and the Land Acquisition Act 1960.
Procedure of acquisition of land by companyYasir Hayat
The procedure for a company to acquire land involves:
1) The company applies to the collector for acquiring the needed land.
2) A notification is issued detailing the land to be acquired.
3) The company may survey the land.
4) The provincial government must consent and an agreement must be executed, outlining payment and conditions.
The Land Acquisition Act 1894 establishes the process by which governments in India can acquire private land for public purposes. Some key points:
1) The Act allows governments to acquire land for "public purpose," which is broadly defined to include development projects, educational/housing schemes, and locating public offices.
2) There is a process for preliminary investigation, declaration of intended acquisition, objections from landowners, enquiry into claims and awards, and taking possession of the land.
3) Landowners can reference higher courts if disagreeing with the compensation awarded, and courts cannot award lower compensation than what the Collector determined.
4) The Act also covers temporary land occupation, acquisition for companies, payment procedures,
The document provides an overview of key Indian land acquisition acts:
1) The Land Acquisition Act of 1894 allows the government to acquire private land for public purposes, paying compensation based on market value. It remains the primary legislation on land acquisition.
2) The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 reformed the 1894 act by strengthening consent clauses, introducing SIA and R&R.
3) Key sections of the 1894 act outlined include provisions for land surveys, notifications, hearings and Collector awards on compensation within deadlines.
The document summarizes the Land Acquisition Act of 1894 in India. Key points:
1) The Act allows the government to acquire private land for public purposes like infrastructure projects and provides compensation to landowners. It sets up procedures for notification of acquisitions, objections from landowners, surveys, hearings and awards.
2) When the government decides land is needed for a public purpose, it issues a preliminary notification and officers can enter land to survey it. Landowners can object within 30 days.
3) If objections are overruled, a final declaration is made. The Collector then demarcates the land, notifies landowners, and makes an inquiry to determine compensation awards.
4)
The document discusses key aspects of land acquisition bills in India, including definitions, public hearings, compensation, authorities, and dispute resolution. It defines land acquisition as the process by which the government acquires private land for public purposes by paying compensation. It outlines provisions for public hearings on social impacts, determining fair compensation, appointing administrators and committees to oversee rehabilitation and resettlement, and establishing dispute resolution authorities. Unutilized acquired land must be returned to the original owner after five years.
Land reforms vis a-vis urban land ceiling act and its connotations in west be...Chenoy Ceil
The document discusses land reforms in West Bengal, India relating to the Urban Land Ceiling Act. It provides background on land ownership laws over time. Key points:
1) West Bengal continues to implement the Urban Land Ceiling Act to prevent land concentration and ensure equitable distribution, despite it being repealed at the national level.
2) The Act establishes ceilings on the amount of vacant urban land an individual can own, varying based on the urban area's classification.
3) The Competent Authority is empowered to acquire lands exceeding the ceiling limits and determine if lands recorded as agricultural are actually being used as such.
The land acquisition process begins with the issuing department requesting the collector to initiate acquisition proceedings for a specified public purpose. The collector then issues a section 4 notification and permits surveys. They will ask how the department wants to acquire - through private negotiations or compulsory process. If compulsory, the commissioner issues sections 5 and 6 notifications. The collector assesses claims, holds an inquiry, and issues an award within 2 years. Affected parties can object and refer disputes to court. Compensation is based on market value on the date of preliminary notification.
public purpose under land acqustgion act,2013gagan deep
1. The document discusses India's land acquisition laws, including the definition of public purpose, procedures for land acquisition, and compensation provided.
2. Public purpose is broadly defined and includes purposes that benefit the general public as well as infrastructure and development projects.
3. Detailed procedures are outlined for notification, hearings, declarations, compensation awards, and taking possession of the land.
4. While the laws have provided more rights and compensation to landowners compared to previous legislation, some argue certain provisions could hinder development projects.
This document provides an overview of strata title laws in Malaysia. It explains that strata title allows for horizontal subdivision of buildings into individual units. Each unit is granted a separate title, while common areas are jointly owned. Key aspects summarized include the types of parcels and common property, the application process for strata title, responsibilities of management corporations and unit owners, and consequences of noncompliance.
A beautiful power point presentation on land acquisition act- 1894 and the acquisition procedure in Kerala..Highly useful for revenue officers in KERALA.
The document discusses key aspects of the Land Acquisition Act, including:
- The Act allows the government to acquire private land for public purposes and empowers authorized officers to enter lands for surveys.
- When notifying land acquisition, the government must publish notifications and consider public objections.
- The Collector determines compensation for damages during surveys, makes awards determining land areas/values/apportionment, and finalizes compensation amounts.
- Key considerations for determining compensation include market value, crops, damages, and relocation costs.
The document discusses the Rajasthan Land Revenue Act of 1956 and the state's authority over land other than agricultural land. It summarizes key sections of the Act related to the state's rights over land. Section 88 states that all unowned land belongs to the state. Section 89 gives the state rights to minerals, mines, quarries, and fisheries. Section 90 establishes that all land is liable for revenue or rent payments to the state regardless of current usage or ownership history. Section 90A requires permission for using agricultural land for non-agricultural purposes.
1) The document discusses land acquisition in Malaysia, outlining the relevant constitutional provisions and legislation governing compulsory acquisition of private land by the state.
2) It examines the Land Acquisition Act 1960 which consolidates previous state enactments and is based on the concept of "eminent domain", giving the government an inherent right to acquire private land for public use subject to compensation.
3) The scope of acquiring powers under the Act is explored, including amendments that expanded the definition of "public purpose" to include purposes beneficial to economic development or the public. The procedures for land acquisition applications and declarations are also summarized.
Transferable Development Rights (TDRs) allow land owners who surrender land for public projects to receive additional development rights that can be used or sold. There is debate around whether trading TDRs is taxable under GST. TDRs are considered a "benefit arising from land" and immovable property. However, the sale of land is excluded from GST. Judicial precedents indicate "land" includes rights associated with it. Since TDRs are a land benefit, their transfer may not be liable for GST. Until clarified, paying GST on TDR transfers is advisable to avoid potential non-compliance issues.
This document outlines the procedure for compulsory land acquisition in Malaysia as prescribed by the Land Acquisition Act 1960 (LAA 1960). It discusses the key stages of acquisition including preliminary notification, survey and investigation of land, declaration of intent to acquire, inquiry process, award of compensation, and appeal process. The principles for determining adequate compensation under the LAA 1960 and Federal Constitution are also examined, focusing on market value and matters to consider or neglect in assessing compensation.
The document discusses the Land Acquisition Act of Malaysia. It provides 3 key points:
1. The Act allows the government to acquire private land for public purposes like development projects, with compensation provided to landowners. It aims to ensure uniform land laws across Malaysian states.
2. The procedures for land acquisition include gazetting of acquisition notices, evaluations of land value, awards given to landowners, and objection periods for challenging acquisitions.
3. Other countries like India and Australia also have laws governing land acquisition, but Malaysia's law does not allow objections against the principle of acquisition itself like other systems do.
The document discusses the process of land acquisition in India according to the Land Acquisition Act of 1894. Some key points:
1) Land can only be acquired by the government for public purposes by invoking the Land Acquisition Act and providing compensation. The Act allows for both voluntary acquisition as well as compulsory acquisition of privately owned land.
2) There are important stages to the acquisition process including preliminary notification and surveys, declaration of intent to acquire, determination of compensation, and finally taking possession of the land.
3) Compensation for acquired land must be based on the market value of the land at the time of notification, as determined by analyzing sale prices of similar lands in the vicinity. Structures are separately
The Land Acquisition Act 1960 allows the government to acquire private land for public purposes, such as infrastructure and development projects. Compensation is required to be provided to the land owner. Compensation amounts are determined based on the market value of the land and may also include amounts for issues like severance of remaining land, loss of business, relocation costs, and any increase or decrease in land values due to the purpose of acquisition. The Act aims to ensure land owners are financially compensated to the same level as if their land had not been acquired, following principles of fairness and adequate compensation under the Malaysian Constitution.
The document summarizes key aspects of land acquisition law in Malaysia, including:
1) The finality of the Land Administrator's award of compensation and circumstances where it can be challenged.
2) How compensation is assessed based on market value principles and other factors in the First Schedule such as severance.
3) The process for objecting to a land acquisition award, including statutory criteria for locus standi, grounds for objection, and procedures upon filing an objection.
4) Case law addressing issues like delays invalidating acquisitions, standards for determining compensation amounts, and constitutional challenges.
Topic 5 on Land Acquisition by my lecturer, Madam Kamilah. This topic will talk about the concept of land acquisition in Malaysia based on National Land Code and the Land Acquisition Act 1960.
Procedure of acquisition of land by companyYasir Hayat
The procedure for a company to acquire land involves:
1) The company applies to the collector for acquiring the needed land.
2) A notification is issued detailing the land to be acquired.
3) The company may survey the land.
4) The provincial government must consent and an agreement must be executed, outlining payment and conditions.
The Land Acquisition Act 1894 establishes the process by which governments in India can acquire private land for public purposes. Some key points:
1) The Act allows governments to acquire land for "public purpose," which is broadly defined to include development projects, educational/housing schemes, and locating public offices.
2) There is a process for preliminary investigation, declaration of intended acquisition, objections from landowners, enquiry into claims and awards, and taking possession of the land.
3) Landowners can reference higher courts if disagreeing with the compensation awarded, and courts cannot award lower compensation than what the Collector determined.
4) The Act also covers temporary land occupation, acquisition for companies, payment procedures,
The document provides an overview of key Indian land acquisition acts:
1) The Land Acquisition Act of 1894 allows the government to acquire private land for public purposes, paying compensation based on market value. It remains the primary legislation on land acquisition.
2) The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 reformed the 1894 act by strengthening consent clauses, introducing SIA and R&R.
3) Key sections of the 1894 act outlined include provisions for land surveys, notifications, hearings and Collector awards on compensation within deadlines.
The document summarizes the Land Acquisition Act of 1894 in India. Key points:
1) The Act allows the government to acquire private land for public purposes like infrastructure projects and provides compensation to landowners. It sets up procedures for notification of acquisitions, objections from landowners, surveys, hearings and awards.
2) When the government decides land is needed for a public purpose, it issues a preliminary notification and officers can enter land to survey it. Landowners can object within 30 days.
3) If objections are overruled, a final declaration is made. The Collector then demarcates the land, notifies landowners, and makes an inquiry to determine compensation awards.
4)
The document discusses key aspects of land acquisition bills in India, including definitions, public hearings, compensation, authorities, and dispute resolution. It defines land acquisition as the process by which the government acquires private land for public purposes by paying compensation. It outlines provisions for public hearings on social impacts, determining fair compensation, appointing administrators and committees to oversee rehabilitation and resettlement, and establishing dispute resolution authorities. Unutilized acquired land must be returned to the original owner after five years.
Land reforms vis a-vis urban land ceiling act and its connotations in west be...Chenoy Ceil
The document discusses land reforms in West Bengal, India relating to the Urban Land Ceiling Act. It provides background on land ownership laws over time. Key points:
1) West Bengal continues to implement the Urban Land Ceiling Act to prevent land concentration and ensure equitable distribution, despite it being repealed at the national level.
2) The Act establishes ceilings on the amount of vacant urban land an individual can own, varying based on the urban area's classification.
3) The Competent Authority is empowered to acquire lands exceeding the ceiling limits and determine if lands recorded as agricultural are actually being used as such.
The land acquisition process begins with the issuing department requesting the collector to initiate acquisition proceedings for a specified public purpose. The collector then issues a section 4 notification and permits surveys. They will ask how the department wants to acquire - through private negotiations or compulsory process. If compulsory, the commissioner issues sections 5 and 6 notifications. The collector assesses claims, holds an inquiry, and issues an award within 2 years. Affected parties can object and refer disputes to court. Compensation is based on market value on the date of preliminary notification.
public purpose under land acqustgion act,2013gagan deep
1. The document discusses India's land acquisition laws, including the definition of public purpose, procedures for land acquisition, and compensation provided.
2. Public purpose is broadly defined and includes purposes that benefit the general public as well as infrastructure and development projects.
3. Detailed procedures are outlined for notification, hearings, declarations, compensation awards, and taking possession of the land.
4. While the laws have provided more rights and compensation to landowners compared to previous legislation, some argue certain provisions could hinder development projects.
This document provides an overview of strata title laws in Malaysia. It explains that strata title allows for horizontal subdivision of buildings into individual units. Each unit is granted a separate title, while common areas are jointly owned. Key aspects summarized include the types of parcels and common property, the application process for strata title, responsibilities of management corporations and unit owners, and consequences of noncompliance.
A beautiful power point presentation on land acquisition act- 1894 and the acquisition procedure in Kerala..Highly useful for revenue officers in KERALA.
The document discusses key aspects of the Land Acquisition Act, including:
- The Act allows the government to acquire private land for public purposes and empowers authorized officers to enter lands for surveys.
- When notifying land acquisition, the government must publish notifications and consider public objections.
- The Collector determines compensation for damages during surveys, makes awards determining land areas/values/apportionment, and finalizes compensation amounts.
- Key considerations for determining compensation include market value, crops, damages, and relocation costs.
The document discusses the Rajasthan Land Revenue Act of 1956 and the state's authority over land other than agricultural land. It summarizes key sections of the Act related to the state's rights over land. Section 88 states that all unowned land belongs to the state. Section 89 gives the state rights to minerals, mines, quarries, and fisheries. Section 90 establishes that all land is liable for revenue or rent payments to the state regardless of current usage or ownership history. Section 90A requires permission for using agricultural land for non-agricultural purposes.
1) The document discusses land acquisition in Malaysia, outlining the relevant constitutional provisions and legislation governing compulsory acquisition of private land by the state.
2) It examines the Land Acquisition Act 1960 which consolidates previous state enactments and is based on the concept of "eminent domain", giving the government an inherent right to acquire private land for public use subject to compensation.
3) The scope of acquiring powers under the Act is explored, including amendments that expanded the definition of "public purpose" to include purposes beneficial to economic development or the public. The procedures for land acquisition applications and declarations are also summarized.
Transferable Development Rights (TDRs) allow land owners who surrender land for public projects to receive additional development rights that can be used or sold. There is debate around whether trading TDRs is taxable under GST. TDRs are considered a "benefit arising from land" and immovable property. However, the sale of land is excluded from GST. Judicial precedents indicate "land" includes rights associated with it. Since TDRs are a land benefit, their transfer may not be liable for GST. Until clarified, paying GST on TDR transfers is advisable to avoid potential non-compliance issues.
By Léna Chiaravalli
In India, the Land Acquisition Act, 1894 gives the right for Government authorities to acquire parcels of land for the implementation of development projects.. In the context of a rapid growth of cities, the process of urbanisation shall accompany the needs of increasing populations. Thus, the Government tends to make use of his eminent domain power –the right to acquire land for a public purpose- very regularly. However, in practice, this process can imply the displacement of the affected landowners, whom are sometimes forced to give away their property in exchange of compensations. These events contributed to feed people’s bitterness for this practice, and the proposed Reforms of the Land Acquisition Act got stalled. Moreover, land acquisition can be extremely costly, and this can compromise the well implementation of related development projects.
This presentation is from jamesadhikaram.com. James Joseph Adhikarathil, Managing Director and Chief Consultant of jamesadhikaram land matter consultancy which offers total solution to your land problems in Kerala, .James joseph Adhikarathil is Certified Trainer of both Government of India ,Certified trainer of Government of Kerala and former Deputy Collector Alappuzha. Visit us at www.jamesadhikaram.com or call mob 9447464502. Our Facebook pages - kerala laws on land , kerala land assignment , michabhoomi , pokkuvaravu , kerala resurvey , kerala land conservancy , kerala building tax , kerala certificates , thanneerthadaniyamam. our email jamesadhikaram@gmail.com
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Student Assignment Agrarian Law - Lecturer Ricco Survival Yubaidi (25).pdf224100501
The Regional Government implements land acquisition for the Martadinata Road Widening project in Manado City in several stages: an application is submitted to the head of agrarian inspection, who then requests consideration from the regional head. An estimation is prepared, and the Regional Head of BPN requests recommendations to be forwarded to the president for a decision on revoking land rights. Compensation is limited to those who own land, buildings, plants, or other objects, and aims to maintain socioeconomic conditions. Obstacles to land acquisition include a lack of community approach, low initial price assessments, delays due to price disagreements, and a lack of funds for adequate compensation. Coordination between committees and teams is important to integrate roles and achieve
KSSIDC Ltd is responsible for setting up industrial estates and providing infrastructure like sheds, electricity, water, and roads in Karnataka. It has established 165 industrial estates across the state. One of its activities is procuring and distributing industrial raw materials to small-scale industries. When acquiring land for industrial estates, KSSIDC follows the procedures outlined in the Land Acquisition Act, including investigation, addressing objections, determining compensation, and allowing appeals to courts. Immovable property includes things like land, buildings, and hereditary rights that are fixed and attached to the earth. The sale of immovable property requires a registered sale deed and follows rules in the Transfer of Property Act regarding title, execution, consideration, and registration.
Transferable Development Rights (TDRs) allow land owners who surrender land for public projects to receive additional development rights that can be used or sold. There is debate around whether trading of TDRs is taxable under GST. TDRs have been considered a "benefit arising from land" by courts, making them immovable property. The sale of land is excluded from GST under Schedule III. Since TDRs are a benefit of land, their trading could be considered outside the scope of GST. However, due to conflicting judgments, developers are advised to pay GST on TDR trades and apply for refund until the tax treatment is clarified.
Taxability of Capital Gain on Transfer of Agricultural Landtaxguru5
The document discusses the taxability of capital gains on the transfer of agricultural land under the Income Tax Act of 1961. It outlines the key provisions around defining agricultural land and capital assets. Specifically, it examines: (1) the definition of agricultural land and exceptions where agricultural land could be considered a capital asset; (2) judicial decisions around determining if land is agricultural based on its use and classification; and (3) conditions for exempting capital gains from compulsory acquisition of urban agricultural land under section 10(37). The document provides clarity on the assessment and tax treatment of gains from transferring different types of agricultural land.
“You may have to fight a battle more than once to win it.”
--- Margaret Thatcher
“I can retain neither respect nor affection for government which has been moving from wrong to wrong in order to defend its immorality”
― Mahatma Gandhi
NPF gave its approval for the use of the land as a vaccination facility but communicated environmental and legal issues that the facility may run against.
The GOI is repromulgating land acquisition, despite opposition from several sources. This paper suggests that Government has no role to play as an intermediary in land acquisition. The role of Government is ensure a level playing field and equality amongst the citizens (individuals) or corporates. A regulator model is proposed on the lines of urban real estate
Challenges and Prospects of Improving Internal Generated Revenue (IGR) through Real Estate Sector in Osun State
Being a Paper Presented at the Nigerian Institution of Estate Surveyors and Valuers, Osun State Branch 2023 Mandatory and Continuing Professional Development at NIESV House, Oshogbo, on Thursday, October 19.
Student Assignment Agrarian Law - Lecturer Ricco Survival Yubaidi (5).pdf224100501
This document discusses land acquisition in Indonesia. It describes the different types of land acquisition, including for private interests and public interest. Land acquisition policy according to positive law in Indonesia is explained, referring to regulations from 1975 and 1993. The document also provides a sample case of land acquisition for the widening of the Ciater-Rawa Mekar Jaya Highway in South Tangerang City, Indonesia, including the legal basis and issues around compensation. Suggestions are made to improve compensation for landowners affected by the road project.
The document discusses various acts related to land acquisition and litigation in West Bengal, including the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, the West Bengal Land Reforms Act 1955, and the Urban Land (Ceiling and Regulation) Act 1976. It provides details on the provisions and purpose of these acts, including compensation and rehabilitation of affected families, land ceiling limits, and direct purchase of land from owners. It also discusses some cases related to land acquisition in West Bengal and issues around proper implementation of the acts.
Student Assignment Agrarian Law - Lecturer Ricco Survival Yubaidi (13).pdf224100501
1) The construction of a new Yogyakarta International Airport in Kulon Progo is planned to replace the existing overcrowded Adisutjipto Airport.
2) Key regulations governing land acquisition for the new airport construction include Law No. 2 of 2012 and Government Regulation No. 71 of 2012.
3) There is local opposition to the airport's planned location in Temon district due to concerns it violates spatial planning designations and environmental assessments were inadequate.
The document discusses the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLAR&R Act, 2013) in India. It notes that the previous 1894 Land Acquisition Act had several issues, including lack of consultation, inadequate compensation, and no rehabilitation provisions. The RFCTLAR&R Act, 2013 addresses these issues by mandating social impact assessments, consent of land owners, fair compensation, and rehabilitation entitlements. It aims to make the land acquisition process more participatory, informed and transparent.
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Pride Month Slides 2024 David Douglas School District
Blue screen-land acquisition process flow [compatibility mode]
1. Pengambilan Balik Tanah
Disediakan oleh:
Aizul Nahar Harun
UTM International Campus
Purposes of Acquisition
Section 3(1) of LAA lays down the purposes for which private property can
be acquired:
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
of the public; or
c) for the purpose of mining or for residential, agricultural, commercial,
industrial or recreational purposes or any combination of such
purposes.
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1
2. Acquisition under Section 3(1)(a) LAA – “Public Purpose”
The term “public purpose” used in s 3(1 )(a) LAA is not defined anywhere in
the Act. In S. Kulasingam & Anor v Commissioner of Lands, Federal
Territory & Ors [1982] 1 MLJ 204 it was held:
The expression “public purpose” is incapable of a precise definition. It is
still best to employ a simple common sense test, that is, to see whether
the purpose serves the general interest of the community.
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Acquisition under Section 3(1)(a) LAA – “Public Purpose”
building of a hockey stadium
In S.Kulasingam & Anor v. Commissioner of Lands, Federal Territory
& Ors [1982] 1 MLJ 204) it was held that the acquisition of land for “the
purpose of building a hockey stadium” catered for the needs of the public
by providing sporting and recreational facilities and as such falls within the
“public purpose” requirement under the LAA ;
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2
3. Acquisition under Section 3(1)(a) LAA – “Public Purpose”
tourist industry
In Ahmad bin Saman v. Kerajaan Negeri Kedah [2003] 4 MLJ 705) it
was held that as the tourism industry is important to the country,
particularly to the people of Langkawi in terms of employment,
infrastructure, utilities, amenities etc, the acquisition of the land for “tourist
industry” falls squarely within the term “public purpose” as suggested in
S.Kulasingam’s Case, i.e. whether the purpose serves the general
interest of the community. The Court of Appeal also rejected the
contention that the expression “tourist industry” as stated in the
declaration was vague and does not convey the real purpose for which
the land is acquired as there is no provision in the LA requiring that the
declaration specify the particular purpose for which the land is needed or
is likely to be needed. The declaration that the land is required for “Tourist
Industry at Telok Burau” is a sufficient specification for the purpose of
Section 3(1)(a), LAA and is a clear statement of the purpose for which
the land is being acquired;
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Acquisition under Section 3(1)(b) LAA
Section 3(1 )(b), newly added in 1991 has a very wide scope and range.
Land may be acquired for a person or a corporation and not by the
government for itself, and for a 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 thereof. The question whether
a specific acquisition is “beneficial” and is for “economic development” are
left to the subjective discretion of the State Authority. If the term “economic
development” is given a broad meaning, then every commercial activity
undertaken by a non-governmental body for its own profit may fall within the
scope of this term.
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3
4. Acquisition under Section 3(1)(b) LAA
Examples of such land acquisitions are:
the construction of the second Malaysia-Singapore causeway project; and
the development of Gelang Patah area as a new township.
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Acquisition under Section 3(1)(b) LAA
In the case of Honan Plantations Sdn Bhd v. Kerajaan Negeri Johor & Ors
[1996] 4 CLJ 373, one of the issues which was raised for determination is whether
the declared purpose of the acquisition, i.e. the second Malaysia-Singapore
causeway project and the development of the Gelang Patah area (in Johore), was
beneficial to the economic development of Malaysia or to the public generally,
pursuant to Section 3(1 )(b). It was held:
State Authority may now acquire any land which is needed by any person or corporation,
which would of course include companies registered under the Companies Act 1965 , 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 of
the public. These words are wide and would seem to encompass host of activities not
merely restricted to undertakings of works which are of public utilities.
The Court was of the view that the creation of a new township in Gelang Patah would fall
under Section 3(1 )(b) LAA in the sense that new jobs would be created resulting in
opportunities for more commercial activities, the cumulative effect of which would enhance
the economic development of that part of the State. Further, accessibility of various facilities
available in Malaysia and Singapore would be beneficial to the economic development of
Malaysia as a whole.
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4
5. Acquisition under Section 3(1)(c) LAA
In the case of Tan Boon Bak & Sons Ltd v. Government of the State of
Perak & Anor [1983] 1 MLJ 117, the Court held that land acquired to be
used for the construction of shop houses, residential houses, a cinema, a
commercial complex, car parks and eating stalls is for a public purpose as
well as for a commercial purpose within the meaning of Sections 3(1 )(a)
and (c). In Yew Lean Finance Development (M) Sdn Bhd v. Director of
Lands & Mines, Penang [1977] 2 MLJ 45, the court upheld the acquisition
of lands for residential, industrial and public purposes.
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Application for Land Acquisition
An application for land acquisition shall be made by the State to the Land
Administrator in writing to the Land Administrator in the form as prescribed in the
Land Acquisition Rules 1998 (“LAR”).
A fee is payable for an application for acquisition of an land, between RM10,000
and RM13,000 (Rule 4 of LAR). This fee however, may be exempted by the
State.
Further, a deposit is payable for an application for acquisition at a rate of 125% of
the estimated market value of the land to be acquired, as determined by a
valuation officer employed by the Government, and shall be payable in the
following manner:
- 50% of the deposit shall be submitted with the application;
- The remaining 75% shall be submitted upon acceptance of the terms
and conditions of the approval imposed by the State Authority.
(Rule 5 of LAR)
The application has to be accompanied by, amongst others, the project proposal
as well as the layout and land acquisition plan.
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5
6. Process After the Application
Where a development approval has been granted to the registered
proprietor and the acquisition is not for the purpose of public utility, the
State Authority shall not consider the application and the Land
Administrator shall reject the application. (Sec 3(6) LAA).
In circumstances other than that set out in Para (a) above, the Land
Administrator shall refer the application to the State Economic Planning
Unit (“SEPU”) (Section 3(4) LAA).
The SEPU shall consider the application on the following aspects:
- public interest;
- the capacity and capability of the applicant to carry out the purpose for
which the land is to be acquired;
- the feasibility of the project; and
- the development approval granted to the registered proprietor.
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Process After the Application
Where there is a development approval granted in respect of any land and the
acquisition is for the purpose of public utility, the SEPU shall determine whether it
is appropriate in the circumstances for the registered proprietor to participate in
the project for which the land is intended to be acquired (Section 3A(2) LAA).
Where it is found to be so appropriate, the SEPU shall give directions to the
applicant to negotiate with the registered proprietor on the form of co-operation
and commercial arrangement regarding the project including, but not limited to,
equity participation (Section 3A(4) LAA).
Where the negotiations are successful, then the application for acquisition shall
not be proceeded with any further (Section 3A(5) LAA).
Where the negotiations are unsuccessful or no conclusive decision has been
achieved within the specified period, the SEPU may consider the application and
make any recommendation as it deems fit to the Jawatankuasa Khas
Pengambilan Tanah (“JKPT Committee”), provided that the recommendation
shall not extend to compelling the registered proprietor to accept any participation
in the project (Section 3A(7) LAA).
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6
7. Process After the Application
Where there is no development approval granted in respect of the land proposed
to be acquired, the SEPU may nevertheless find it appropriate or necessary in the
interest of the registered proprietor that he participates in the project. In such case
the SEPU may give directions to the applicant to negotiate with the registered
proprietor. The provisions as set out in Para (d) above apply. (Sec 3B LAA).
The JKPT Committee shall evaluate the appropriateness of the application and
shall transmit it to the State Authority together with its recommendation, which
may include the imposition of any condition and restriction in interest on the land.
(vi) It is to be noted that the JKPT Committee consists of the State Secretary, as
Chairman, the State Director of Lands and Mines, as Secretary, the Director of the
SEPU or his representative, the State Director of Town and Country Planning or
his representative, the representatives of other related Government department or
agencies as may be determined by the Chairman.
Further, the State Authority shall not approve the application for the acquisition of
land for any purpose larger in area than that needed for that purpose. (Section 3E
LAA).
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Grounds for Challenging the Acquisition
The power conferred by Section 3 LAA is characterised as discretionary
power. It is an important principle of administrative law that no power can
be absolute. Raja Azlan Shah CJ (Malaya) (as he then was) observed in
Pengarah Tanah dan Galian, Wilayah Persekutuan v. Sri Lempah
Enterprise Sdn Bhd [1979] 1 MLJ 135 at page 148:
Unfettered discretion is a contradiction in terms… Every legal power must
have legal limits, otherwise there is a dictatorship… In other words, every
discretion cannot be fee from legal restraint; where it is wrongly exercised,
it becomes the duty of the courts to intervene. The courts are the only
defence of the liberty of the subject against departmental aggression.
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7
8. Grounds for Challenging the Acquisition
Over a period of time, courts have evolved certain norms for the exercise
of discretionary power and the grounds for judicial review thereof. It has
been held that the courts do not review a discretionary decision on merits.
A court would not interfere with a discretionary decision on the ground that
it is wise or foolish, or that it does not agree with it; or the concerned
authority should not have taken this but that decision. But the courts have
evoked certain grounds for reviewing such a decision. These grounds are:
procedural ultra vires, male fides, improper motives, unreasonableness,
non-application of relevant considerations, or application of irrelevant
considerations, fettering discretion, dictation etc. Therefore, in theory, a
decision of the State Authority acquiring land Section 3 LAA could be
challenged on any of these grounds.
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Grounds for Challenging the Acquisition
Sec 37 LAA itself provides for any person interested in the land subject to
acquisition to make an objection to court on the grounds of:
- the measurement of the land;
- the amount of compensation;
- the person to whom it is payable;
- the apportionment of the compensation
The application is to be made by a written application to the Land Administrator
requiring that he refer the matter to the Court for its determination (Sections 38
LAA).
In Honan Plantations Sdn Bhd v. Kerajaan Negeri Johor & Ors [1996] 4 CLJ
373, the court held that “if the plaintiffs were challenging the validity of the
acquisition … the only matters that can be litigated by the Court are limited to
matters as prescribed in (Sec 37 of LAA)”. On Appeal, Gopal Sri Ram JCA held
that an acquisition made under the Act cannot be challenged unless a plaintiff
establishes that the acquiring authority had misconstrued its powers or had acted
in bad faith or with gross unreasonableness.
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8
9. Basis of Compensation
The basis for determining the compensation payable for compulsory
acquisition is the market value of the land subject to acquisition as at the
date of publication in the Gazette of the notification of proposed acquisition
(First Schedule LAA).
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Prosedur Pengambilan
Pra Pengambilan Pengambilan Pasca Pengambilan
Pemilihan tapak dan Siasatan & perintah Rujukan ke
kajian kesesuaian mahkamah
Pembayaran
Permohonan, pampasan Pindaan cukai dan
pewartaan dan hakmilik sambungan
penandaan Mengambil milik Borang-borang :
Borang-borang : Borang-borang : • Borang M
• Borang 1 • Borang E • Borang N
• Borang A • Borang F • Borang O
• Borang B • Borang G • Borang P
• Borang C • Borang H • Borang Q
• Borang D • Borang I
• Borang J
• Borang K
• Borang L
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9
10. Pemilihan Tapak Cadangan Projek
Penilaian Tapak
Pihak Terlibat:
1. Peg. Daerah Rundingan
2. JPBD
3. Maj. Daerah
Dokumen Terperingkat
4. JKPTG Negeri
(Sulit)
Tapak Dimuktamad
Jabatan Teknikal
Peringkat Daerah:
1. JPBD Ulasan Rasmi
2. Maj. Daerah
3. JKR Pembentangan
4. JPS
5. DOE J/Kuasa Pbgnn Daerah
6. Pej. Tanah
Setuju Tidak
Page 19
Permohonan
J/Kuasa Pbgnn Daerah
Permohonan : Setuju Tidak
a. Borang
Permohonan Permohonan
b. Fee
c. Deposit
d. Laporan
Cadangan Projek
e. Pelan Tatatur
f. Pelan
Pengambilan
Tanah
Page 20
10
11. Permohonan Pengambilan Tanah Pemohon
Sek. 4
Borang A
Borang B
Kerja Ukur
Maksimum : 1 Thn @
Borang C Sek. 8
Kajian Tanah
Borang D
Borang E Borang F
Borang J
Borang G
Siasatan
Borang H
Borang K
Page 21
Permohonan Pengambilan Tanah Pemohon
Sek. 4
Borang A
Borang B
Kerja Ukur
Maksimum : 1 Thn @
Borang C Sek. 8
Kajian Tanah
Borang D
Borang E Borang F
Borang J
Borang G
Siasatan
Borang H
Borang K
Page 22
11
12. Carta Alir Borang-borang Dalam Pengambilan Balik Tanah
Form A
Form B
Form C
Form D
Form E Form G Form H Form K
Form F
Form I Form J
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Form A
Form B
Sect. 4 (Gazette)
Form C
State authority satisfied that acquisition is likely to be necessary for any
purpose under Sect. 3
Form D
Form E Form G Form H Form K
Form F
Form I Form J
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12
13. Sect. 5
State Director power to enter land and to do any or all the
following:
Form A - survey and take levels of the land;
Form B - dig or bore into the sub-soil;
- do all other acts necessary to ascertain whether the land is
Form C adapted for the purpose for which it is to be acquired;
Form D the boundaries of the land proposed to be taken and
- set out
the intended line of the work, if any, proposed to be made
thereon; E
Form Form G Form H Form K
- mark such levels, boundaries and line by placing marks and
cutting trenches;
Form F
- cut down and clear away any standing crop, fence or jungle,
where otherwise the survey cannot be completed, or the
Form I Form J
levels cannot be taken, or the boundaries or line of the work
cannot be marked.
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Function : Form used by appointed land surveyor to
fill in, reporting his final result of survey works
conducted on proposed acquired land.
Specific information : name of owner, add of land,
Form A venue of land, width of land, topographical of land
and anything found of land, description and aerial
Form B view of land.
Form C Why must those information included be so specific :
to ensure the land is the same land as intended by
Form Dstate office for acquisition purposes, the width of land
indicates the amount of awards to be paid,
Form E Form G Form H Form K
topographical of land-may decrease or increase the
value of land and inform land office if it is really
Form F for the intended project.
suitable
Can those specific information included be legally
Form J
challenged in Form I
court?
- yes....particularly on the add, venue, width and
topography of the land
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13
14. Form A Sect. 8 (Gazette)
Form B State Authority decides acquisition is
necessary.
Form C
The gazettement will only valid for the period
Form D of two (2) years.
A plan of the particular lands and areas so
Form E Form G Form H Form K
specified may be inspected during the normal
hours of business in the Land Office of the
Form F District in which such lands and areas are
situated.
Form I Form J
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Sect. 10
Land Administrator to give public notice of enquiry.
Al persons having interest in the said land, whether as proprietor, occupier, lessee,
chargee, tenant or otherwise, are hereby required to appear before the undersigned
Form A above time either personally or by agent and there to state-
at the
- the nature of their respective interests in the land;
- the amount B particulars of their claims to compensation for such interests;
Form and
- their objections, if any, to the measurements of approximate area given in the Schedule below;
Form C
- the names of any other person known to the party or his agent to possess any interests in the land or any
part thereof, and to produce al documents relating to their claims.
Form D
Form E Form G Form H Form K
Notice is further given that the undersigned may require-
Form F
- that in any particular case any such statement or statements should be reduced to writing
and signed by the party or his agent;
Form J
- that any person in possession of the issue Form I of title in respect of any land
document
scheduled below deliver up such document at the time of inquiry.
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14
15. Sect. 11
Land Administrator may request for evidence in writing
Relevant person is required to furnish, within a given time period, a
statement in writing declaring the following:
Form A
- separate valuations of the land and of the improvements, if any, thereon, showing
Form B
the basis upon which such valuations are made;
- the name Form C person possessing any interest in the land or any part thereof,
of every
either as co-owner, chargee, lessee, sub-lessee, tenant or otherwise; and
Form D
- the nature of any such interests and the amount of the rents and profits, if any,
received or receivable on account thereof for the three years immediately
Form E Form G Form H Form K
preceding the date of this notice.
Form F
Form I Form J
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Sect. 14
Written award of compensation by Land Administrator.
The awards set out in the Schedule hereto are hereby made in respect of
the areas of land specified therein, to the persons interested therein, as
Form A
specified below:
- Lot Form B
no.
- Area required
Form C
- Persons interested
Form D
- Nature of interest
- Apportionment of award
Form E Form G Form H Form K
Form F
Form I Form J
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15
16. Here comes your footer Page 31
Sect. A
Form 16
Notice of award and offer of compensation
Form B
Land Administrator offers the proprietor the
sum of RMXX asC compensation for the
Form full
interest in this land.
Form D
Section 29A of the Land Acquisition Act 1960,
requires Land Administrator E withhold G
Form to Form Form H Form K
twenty-five per cent of the amount of the
award in certain circumstances, subject to the
Form F
provisions of that section.
Form I Form J
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16
17. Here comes your footer Page 33
Form A
Sect. 19
Form B
State Director issued out the Certificate of Urgency for the land which to be
required for a public purpose of for a public utility.
Form C
This only can be used for the land without any building or structures on it.
Form D
The applicant have to provide sufficient funds to pay the penalties of late
payment at the rate of 8% per annum. G
Form E Form Form H Form K
Form F
Form I Form J
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17
18. Sect. 20
Form A
Subsequent to the Form I, Land Administrator will issue a notice which
Form B
require that any person to vacate the building referred to and situated on
the said land within certain days.
Form C
Land Administrator offer to the owner of the premises compensation to the
Form D
amount of RMXX which compensation represents-
- the value of the building* E
Form Form G Form H Form K
- the cost of removing and re-erecting such building elsewhere. *
Form F
Form I Form J
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Form A
Form B
Form C
Sect. 22 Form D
Land Administrator, pursuant to Sect. 22 G
Form E Form LAA, taken H
Form Form K
formal possession of the land shown in the schedule.
Form F
Form I Form J
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19. Pengambilan Balik Tanah Anda Telah Berjaya!
Tahniah!
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Market Value
Market value is defined in great detail in the First Schedule to the Act.
In Para 1, market value means the value of the land as at the date of
publication in the Gazette of the notification under sect. 4, provided that
the notification is followed by a declaration under sect. 8 within 12
months.
1 Jan 2010 1 Jan 2011
Market value as of 1 Jan 2010
Sect. 4 Sect. 8
If the declaration under sect. 8 is done beyond that, then the market value
must be the date the declaration is published in the Gazette.
1 Jan 2010 1 May 2011
Market value as of 1 May 2011
Sect. 4 Sect. 8
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20. Market Value
Para 2 of the First Schedule then describes “matters to be considered in
determining compensation” whilst Para 3 describes “matters to be
neglected” (not to be considered) in determining the quantum of
compensation.
In Ng Tiou Hong v. Collector of Land Revenue Gombak [1984] 2 MLJ
35, Syed Agil Barakbah FJ said that market value means that the
compensation must be determined by reference to what a willing vendor
might reasonably expect from a willing purchaser. The elements of
unwillingness, sentimental value and urgency must be disregarded. The
“potentialities” of the land must also be taken into account.
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Market Value
Para 2 of the First Schedule then describes “matters to be considered in
determining compensation” whilst Para 3 describes “matters to be
neglected” (not to be considered) in determining the quantum of
compensation.
In Bukit Rajah Rubber Co Ltd v. Collector of Land Revenue Klang
[1968] 1 MLJ 176, Raja Azlan Shah J (as he then was) said that no hard
and fast rule can be laid down for assessing the market value of the land
acquired. Evidence of sales of the same land is till the safest guide. In the
absence of such evidence, then evidence of sales of similar land in the
neighbourhood can be considered, after making due allowance for all
circumstances. The property must be valued not only with reference to its
condition at the time of acquisition but also its potential development
value.
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21. SENARAI SEMAK PERMOHONAN PENGAMBILAN TANAH
Di Bawah Seksyen 4
Bil. Tindakan
1 Pelan Pengambilan Tanah yang Iengkap.
2 Pengesahan peruntukan yang mencukupi untuk membiayai kos
pampasan kerosakan akibat kerja-kerja ukur dan kajian tanah.
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SENARAI SEMAK PERMOHONAN PENGAMBILAN TANAH
Di Bawah Seksyen 8
Bil. Tindakan
1 Pelan Pengambilan Tanah yang Iengkap.
2 Sijil Carian Rasmi/ Persendirian yang terkini.
3 Ulasan dari Jabatan-Jabatan Teknikal.
4 Ulasan dari Jabatan Alam Sekitar *
5 Persetujuan Jawatankuasa Pembangunan Daerah
atau Jawatankuasa seumpamanya
6 Pengesahan peruntukan yang mencukupi termasuk
kos penandaan dan lain-lain kos.
7 Surat Perakuan segera (Borang I)
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22. Pengiraan Fee Jadual Kedua
Fee
(Kaedah 4)
Bil. Butiran Fee tambahan Fee
bagi setiap
orang
1 Tiap-tiap permohonan bagi RM10,000.00
pengambilan tanah selain bagi
maksud kemudahan awam yang
terdiri daripada tidak lebih daripada
10 orang yang berkepentingan seperti
dalam tanah terjadual
a. Atas tambahan orang seterusnya RM1,000.00
sehingga 15
b. Atas tambahan orang seterusnya RM2,000.00
sehingga 20
c. Atas tambahan orang seterusnya RM3,000.00
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Pengiraan Fee Jadual Kedua
Fee
(Kaedah 4)
Bil. Butiran Fee tambahan Fee
bagi setiap
orang
1 Tiap-tiap permohonan bagi RM1,000.00
pengambilan tanah bagi maksud
kemudahan awam yang terdiri
daripada tidak lebih daripada 10
orang yang berkepentingan seperti
dalam tanah terjadual
a. Atas tambahan orang seterusnya RM100.00
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23. Pengiraan Fee (Latihan)
Kirakan fee yang perlu dibayar bagi pengambilan balik tanah bagi tujuan
projek pembinaan tali air oleh Jabatan Pengairan dan Saliran (JPS) yang
melibatkan 30 pemilik berdaftar.
Kirakan fee yang perlu dibayar bagi pengambilan balik tanah bagi tujuan
projek pembangunan bercampur oleh syarikat pemaju hartanah
Worldstar Holding Berhad yang melibatkan 30 pemilik berdaftar.
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