Court rules land acquisition notice for WCE project enforceable

The Klang land office intends to acquire 1.9 acres in Kampung Jawa from S Subramaniam and 18 others to make way for the Bandar Bukit Raja Selatan interchange of the West Coast Expressway, which will connect Banting in Selangor to Taiping, Perak. (WCE pic)

SHAH ALAM: The High Court here has dismissed a suit filed by a landowner seeking a declaration that a notice issued by the Klang land administrator to take possession of his property under the Land Acquisition Act (LAA) 1960 is unenforceable.

Justice Khadijah Idris said Section 56 of the LAA does not render invalid the non-service of the notice on S Subramaniam and 18 others for the long-delayed West Coast Expressway (WCE) project.

The provision states that any omission or irregularity in the service of a notice will not invalidate the acquisition process.

Subramaniam was ordered to pay RM5,000 in costs to the land administrator, who was represented by Selangor state legal adviser Salim Soib.

Last year, Subramaniam filed an originating summons over the non-service of Form K under the LAA, which the land administrator used to take possession of property for the expressway project linking Banting to Taiping.

The 233km expressway is designed to offer an alternative to the North-South Expressway (PLUS).

The plaintiff argued that the notice had not been served on him or the 18 others involved.

Lawyer R Kengadharan, representing Subramaniam, told FMT the land administrator still requires a court order to evict the landowners since the notice is administrative in nature.

The Klang land office intends to acquire 1.9 acres out of a larger five-acre plot belonging to 19 residents in Kampung Jawa.

However, the affected property owners claim that acquiring only 1.9 acres would render the remaining 3.1 acres uninhabitable.

The WCE concessionaire has paid RM5.4 million for the 1.9 acres, but a private valuer engaged by the residents estimated the land’s value at RM32 million.

The state had given the residents until Nov 24 to vacate their properties, failing which their homes will be demolished.

The hearing on the valuation dispute is scheduled for Jan 27.