COMPULSORY LAND ACQUISITION IN MALAYSIA

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