Land Law Case

Malayan Law Journal Reports/1975/Volume 1/SYED OMAR BIN ABDUL RAHMAN TAHA ALSAGOFF & ANOR v GOVERNMENT OF THE STATE OF JOHORE - [1975] 1 MLJ 241 - 16 January 1975

4 pages

[1975] 1 MLJ 241

SYED OMAR BIN ABDUL RAHMAN TAHA ALSAGOFF & ANOR v GOVERNMENT OF THE STATE OF JOHORE

   FC JOHORE BAHRU

SUFFIAN LP, ALI AND WAN SULEIMAN FJJ

FEDERAL COURT CIVIL APPEAL NO 88 OF 1974

16 January 1975

Land Acquisition -- Whether acquisition proceedings null and void -- Purposes for which land needed -- Declaration conclusive evidence that land needed for the purpose specified therein -- Land Acquisition Act, 1960, ss 3, 7 and 8

This was an appeal against the order of the High Court which had dismissed the appellants' application for a declaration that the acquisition proceedings in respect of their lands were illegal and therefore null and void.

Held, dismissing the appeal: the declaration issued under    section 8 of the  Land Acquisition Act in this case was conclusive evidence that the lands referred to therein were needed for the purpose specified therein and therefore there was no merit in the contention that the acquisition proceedings were null and void.

Cases referred to

Midnapur Zamindari Co Ltd v Bengal Nagpur Railway Co Ltd AIR 1941 Cal 465

Donaldson v South Shields Corporation (1899) 68 LJ Ch 162

Calcutta Improvement Trustees v Ghosh AIR 1920 PC 51

Gajendra Sahu & Ors v Secretary of State for India in Council (1908) 8 CLJ 39

M/s Tinsukia Development Corporation Ltd v State of Assam & Anor AIR 1961 Assam 133 p 144 para (23)

Abdul Jabbar & Anor v State of W Bengal & Ors 71 CWN p 134 para 6(b)(ii) & 2nd para

Midnapur Zamindan Co Ltd v Bengal Nagpur Pty Co Ltd AIR 1941 Calcutta 465

Secretary of State for India in Council (1913) 18 CLJ 244

Veeraraghavachariar v Secretary of State ILR 49 Mad 837

Wijaiya Sekhara v Fosting [1919] AC 646

FEDERAL COURT

[#65533]

Upali Masacorale (Miss Walsh with him) for the appellants.

Datuk Haji Mohamed Eusoff bin Chin (State Legal Adviser, Johore) for the respondent.

SYED OTHMAN J

In the court below (Johore Bahru - Originating Motion No. 4 of 1972) Syed Othman J. delivered the following judgment on June 3, 1974:

The questions to be determined in this application are: