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Wednesday, February 10, 2021

Let's look at how 'public purposes' being defined in Land Acquisition Act 1960.

Assalammualaikum and good day readers, In accordance with section 3(1), The State Authority may acquire any land which is needed a) for any public purposes b) by any person or corporation for any purpose whihc in the opinion of the State Authority is beneficial to the economic development in Malaysia or any part of 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. In the case of Kulasingam & Anor vs Comm of Lands, FT and Ors, (1982) 1 MLJ 204 held that:- The expression 'public purpose' is incapable of a precised definition...but in my view 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 (per Hashim Yeop Sani, J). Referring to the case of Yew Lean Finance 1977, it was held that:- The Government has sole right to decide, what is, or what is not, a public purpose and the decision by the Government in this respect cannot be questioned by any civil court. It can be seen that although the Land Acquisition Act does not provide any exact definition, the said public purpose can only be determined by the Government and also based on the opinion of Judge Hashim Yeop , one needs to employ a simple common sense test and that is to see whether the purpose serves the general interest of the public. As a layman, one may interpret that the examples of lands being acquired for public purposes are such as for widening of roads, building highways,schools or bridges. However, when it involves a private housing development, people will start to question as to the purpose of acquisition, which in their opinion contradicts the public purposes stated in Sec.3 of Land Acquisition Act. Nevertheless, the same section did mention that an acquisition of any land can be carried out if in the opinion of the State Authority is beneficial to the economic development in Malaysia or any part of thereof. This means whatever development being developed which could be seen as beneficial to the public as a whole, any suitable land can be acquired. If you have any enquiries pertaining to Land Acquisition matters, feel free to contact Shah Real Property Consultants or even myself.

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