0 [334.18] CONSIDERATION FOR BUILDING IS NOT PERMITTED

Court of Appeal: Land Administrator is not allowed to take into consideration any building on any land to be acquired if the building is not permitted either under the category of land use or the express or implied condition or restriction.

" [26] Now subparagraph 1(3A) of the First Schedule of the Act (Land Acquisition Act 1960) provides asfollows:
'(3A) the value of any building on any land to be acquired shall be disregarded if that building is not permitted by virtue of-
(a) the category of land use; or
(b) an express or implied condition or restriction, 
to which the land is subject or ordered to be subject under the State land law'

[27] We were of the view that the Land Administrator, by virtue of the above specific provision under the Act, is not allowed to take into consideration any building on any land to be acquired if the building is not permitted either under the category of land use or the express or implied condition or restriction, as found in this case before us. The Land Administrator could not award the Appellant for their orchird growing activity on the acquired land on the same ground that such use of the land was not permitted without the prior written approval from the Land Administrator.

[28] Our view was that the provisions of subparagraph 1(3A) of the First Schedule of the Act is very clear and the court should not go beyond the expressed language of the statute."

- Justice Kamardin Hashim in My Premium Logistics Sdn Bhd vs Pentadbir Tanah Kota Tinggi [Civil Appeal No. J-01(A)-269-08/2017] dated 15 October 2018.

Coram: Kamardin Hashim JCA, Yeoh Wee Siam JCA and Umi Kalthum binti Abdul Majid JCA.

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 — at Palace of Justice, Putrajaya.