Land Acquisition Act 1960 · Updated to 12 Mar 1992 · Part V
38. Form and content of application, etc.
Feedback & supportAny objection made under section 37 shall be made by a written application in Form N to the Land Administrator requiring that he refer the matter to the Court for its determination.
Form
“Form” means any Form set out in the Second Schedule; NOTE— Section 59 of the Town and Country Planning Act 1976 was deleted by Federal Territory of Labuan (Extension and Modification of Town and Country Planning Act 1976) Order 2010— see P.U.…
Every application under subsection (1) shall state fully the grounds on which objection to the award is taken, and at any hearing in Court no other grounds shall be given in argument, without leave of the Court.
Every application under subsection (1) shall be made—
if the person making it was present or represented before the
Land Administrator at the time when the Land
Administrator made his award, within six weeks from the date of the Land Administrator’s award under section 14 or compensation made under section 35 or Part VII;
in other cases, within six weeks of the receipt of the notice from the Land Administrator under section 16, paragraph 35(2)(c), subsection 58(1) or section 59 or within six months from the date of the Land Administrator’s award under sections 14, 35 or Part VII, whichever period shall first expire.
The period of six weeks prescribed by paragraph (3)(a) and the periods of six weeks and six months prescribed by paragraph (3)(b)
44 Laws of Malaysia ACT 486
shall not be capable of enlargement by any Court, except in such special circumstances as the Court may think fit.
On receiving any application under subsection (1) the Land
land
“land” means alienated land within the meaning of the State land law, land occupied under customary right and land occupied in expectation of title;
Administrator shall, subject to section 39, within six months refer the matter to the Court by a reference in Form O.
Where the Land Administrator has failed to make a reference to the Court within the period specified in subsection (5), the Land
Land Administrator
“Land Administrator” means any Land Administrator or other officer appointed under the State land law, and includes an Assistant Land Administrator;
Administrator or any person interested may apply to the Court for an extension of the said period.
person interested
“person interested” includes every person claiming an interest in compensation to be made on account of the acquisition of land under this Act, but does not include a tenant at will;
Where the Land Administrator has failed to make a reference to the Court within the period specified in subsection (5) or within any extension of such period under subsection (6), the Court may, on application by any person interested deal with the objection under subsection 38(1) in such manner as it deems fit, and in order to enable the Court to do so, the Court may give such directions to the Land
Administrator or to any person interested as it deems necessary or expedient, and without prejudice to the generality of this power, such directions may include a direction requiring the Land Administrator or any other person to appear before the Court to give evidence, or to produce before the Court such records, or other documents, as the
Court may specify.
Deposit