<figure id="attachment_2843774" aria-describedby="caption-attachment-2843774" style="width: 1600px" class="wp-caption aligncenter"><img loading="lazy" class="wp-image-2843774 size-full" src="https://media.freemalaysiatoday.com/wp-content/uploads/2024/08/db148a70-mahkamah-tinggi-shah-alam-fmt-200824-1.webp" alt="shah alam court" width="1600" height="1000" /><figcaption id="caption-attachment-2843774" class="wp-caption-text">On Monday, the Shah Alam High Court dismissed a suit filed by 19 former landowners seeking a declaration that the notice issued by the land administrator upon taking possession of the land was unenforceable.</figcaption></figure>
SHAH ALAM: Nineteen former landowners in Kampung Jawa, Klang, have been ordered to vacate the properties they still occupy to pave the way for construction of the long-delayed stretch linking Banting to the rest of the West Coast Expressway (WCE).
Their lawyer, R Kengadharan, said the High Court today allowed an application by the Klang district land administrator and concessionaire, WCE Sdn Bhd, to vary an order issued on Monday.
Justice Khadijah Idris had earlier granted the former landowners, led by S Subramaniam, 14 days from Nov 24 to vacate the site.
However, following a request filed by the land administrator and the company yesterday, the court ruled that the order to vacate was to take immediate effect, Kengadharan said.
&#8220;I objected to the application to vary the earlier order but my objection was dismissed,&#8221; he said, adding that he was awaiting instructions from his clients on the next course of action.
FMT is also waiting for a response from legal firm Kumar Jaspal Quah &amp; Aishah, and lawyer How Chee Hong who was present at today&#8217;s proceedings.
Khadijah had, on Monday, dismissed a suit filed by Subramaniam and his co-applicants seeking a declaration that the notice issued by the land administrator upon taking possession of the land was unenforceable.
Applying Section 56 of the Land Acquisition Act 1960, the judge ruled that the proceedings before her were not invalidated by any failure to serve notice of proceedings on any interested person or party.
Khadijah also allowed WCE’s counterclaim, ruling that following the acquisition, the land – known as Lot 15762, GRN 19398, Mukim Klang, Daerah Klang – belonged to the government as of March 29 last year.
Last year, Subramaniam and his co-applicants filed an originating summons to invalidate the acquisition, arguing that the land administrator had failed to serve Form K – the notice required to be issued under the Act when taking possession of the land.
The 233km WCE is designed to serve as an alternative to the North-South Expressway.
The dispute arose after the Klang land office sought to acquire 1.9 acres out of a larger five-acre plot belonging to the 19 residents.
The affected property owners claimed the acquisition would render the remaining 3.1 acres uninhabitable.
WCE, the concessionaire, 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 valuation dispute is scheduled to be heard by the High Court on Jan 27.

MatchPoint Times

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