Malaysia legislation
Section 35
Section 35
(1A)
A notification in Form LA shall be published in the Gazette and all proceedings already taken or being taken in consequence of the declaration in subsection 8(1) in respect of the land shall cease to have effect.
(2)
Whenever the State Authority withdraws from any acquisition under subsection (1), the Land Administrator, after notifying the person interested in Form LB, shall—
(a)
determine the amount of compensation due for the damage, if any, done to such land by action taken under section 5 and
Land Acquisition 41
not already paid for under section 6, and pay such amount to the person injured;
(b)
pay to the persons interested all such costs as shall have been incurred by them by reason or in consequence of the proceedings for acquisition, together with compensation for the damage, if any, which they may have sustained by reason or in consequence of such proceedings ; and
(c)
prepare and serve on each person interested a notice in
Form LC.
(3)
The First Schedule shall apply, so far as may be, to the determination of the compensation payable under this section.
(3A)
For the purpose of this section, subsection 14(5) shall be applicable if necessary.
(4)
The Land Administrator or other registering authority shall make a note of any withdrawal under this section in the manner specified in subsection 9(2).
(5)
Notwithstanding anything contained in this section, the
State Authority shall reserve the right to forfeit an amount which is sufficient to defray the amount of costs and damages incurred by any person interested and such amount shall be determined by the
Land Administrator and shall be deducted from the deposit under paragraph 3(3)(d) in the event of any withdrawal made under this section.