What process did Section 38 trigger after objections were referred to court?

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Section 38 Triggered a Land Reference Matter Heard by the High Court

Following objections filed under Section 37(1) of the Land Acquisition Act (LAA) in Form N, Section 38 triggered the referral of these objections to the Court. This referral process is formally known as a land reference matter. Four such land reference matters concerning the Kampung Sungai Baru redevelopment project were adjudicated by the High Court at Kuala Lumpur between January and May of this year.
High Court Adjudication of Land Reference Matters

The process initiated by Section 38 involves the High Court reviewing objections to compensation awards made by the Land Administrator (LA). In the specific cases pertaining to Kampung Sungai Baru, two matters filed in March 2022 were heard by High Court judge Ahmad Shahrir Mohd Salleh, while two further matters filed in May 2023 were decided by High Court judge Aliza Sulaiman. In all instances, the court upheld the original compensation awards.
Role of Appointed Assessors

To assist in determining objections and compensation amounts, judges in these land reference matters were aided by two assessors. These assessors are appointed under Section 40A (2) of the LAA. Their role is to provide expert input to the judge, facilitating a comprehensive evaluation of the objections and the appropriateness of the compensation decided by the Land Administrator.
Judicial Review of Land Administrator's Awards

The High Court judges found no grounds to alter the awards previously made by the Land Administrator. This decision was based on the judges' assessment that the LA's methodology was sound. Specifically, the judges agreed that the comparison method, as employed by the LA, was an appropriate approach for determining the market value of the acquired land, including any structures.
Compensation Reflecting Market Value

In his judgment for the first two matters, Justice Ahmad Shahrir Mohd Salleh affirmed that the compensation awarded by the Land Administrator adequately represented the market value. He noted that speculative elements were correctly excluded from the valuation process. The court concluded that the awards adhered to the statutory principles outlined in the LAA, ensuring both fairness and objectivity in the valuation process.

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What process did Section 38 trigger after objections were referred to court?

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