The compulsory
acquisition of land is the process whereby government acquires from private
landowners their land which is needed for any public purpose or for a purpose
beneficial to the economic development of Malaysia.
The purpose of
the land acquisition must fall within the scopes laid down in Section
3(1) of Land Acquisition Act 1960, inter alia:
(1) The State
Authority may acquire any land which is needed-
(a) for
any public purpose;
(b) for an
economic development which is deemed to be beneficial to the public of
Malaysia; or
(c) for purpose
of mining, residential, agricultural, commercial, industrial or recreational
purposes.
Land Acquisition
Process
The land
acquisition process involves the submission of the applicable Forms provided in
the Land Acquisition Rules 1998 and Land Acquisition Act
1960 (LAA).
Initially an
application is required to be made through Form 1 of the First
Schedule of the Land Acquisition Rules 1998 in order
for any state authority to lawfully acquire a land and subsequently followed by
process summarized below:-
|
Step 1
|
Form A
(Section 4 of LAA)
|
Notification that land is
to be acquired is published in the Government Gazette
|
|
Step 2
|
Form B
(Section 5 of LAA)
|
Notice that land is to be
entered and surveyed
|
|
Step 3
|
Form C
(Section 7 of LAA)
|
Preparation of plan and
list of lands to be acquired
|
|
Step 4
|
Form D
(Section 8 of LAA)
|
Declaration of Intended
Acquisition of the scheduled land
|
|
Step 5
|
Form E
(Section 10 of LAA)
|
Notice of enquiry to
persons interested
|
|
Step 6
|
Form F
(Section 11 of LAA)
|
Notice to persons
interested to require evidence in writing
|
|
Step 7
|
Section 12
|
Enquiry before the Land
Administrator
|
|
Step 8
|
Form G
(Section 14 of LAA)
|
Written Award of
Compensation by the Land Administrator
|
|
Step 9
|
Form H
(Section 16 of LAA)
|
Service of Written Award
of Compensation by the Land Administrator to persons interested
|
|
Step 10
|
Form I
(Section 19 of LAA)
|
Notice to take possession
in urgent cases before payment of compensation awarded by issuing
“Certificate of Urgency”
|
|
Step 11
|
Form J
(Section 20 of LAA)
|
Notice to occupants/owners
to vacate building erected on acquired land
|
|
Step 12
|
Form K
(Section 22 of LAA)
|
Notice that possession has
been taken of acquired land
|
|
Step 13
|
Form L
(Section 24 of LAA)
|
Notice to demand delivery
of title document for acquired land
|
|
Step 14
|
Section 37
|
Persons interested have 6
weeks from the date of Land Administrator’s award to consider whether to
object to the sufficiency of compensation award
|
|
Step 15
|
Form M
(Section 36 of LAA)
|
The Land Administrator may
refer any question to the court for determination
|
|
Step 16
|
Form N
(Section 38(1) of LAA)
|
Persons interested may
object to the compensation award and refer the objection to court
|
|
Step 17
|
Form O
(Section 38(5) of LAA)
|
Land Administrator shall
refer the objection received to the High Court
|
