Malaysia legislation
Section 61
Section 61
Compensation
Where any land, tree or crop is damaged or destroyed in the exercise of any power conferred on the State Authority by the provisions of this Chapter, the proprietor of the land or, as the case may be, the owner of the crop shall be paid such compensation as may be agreed or determined in accordance with section 434.
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Private person carrying out works 61a. (1) Where any person or body who intends to carry out any of the works mentioned in subsection 58(1) on any alienated land fails to obtain the consent of the proprietor of the land and, so far as the enjoyment of his interest will be thereby affected, of every person or body in occupation of any part thereof under any registered lease or tenancy exempt from registration, or entitled to the benefit of any easement thereover, the first-mentioned person or body may apply to the State Director for an order allowing the carrying out of such work.
(2)
Upon receiving an application under subsection (1), the
State Director shall publish in the Gazette a notice as described in subsection 59(1), and section 59 and subsection 60(1) shall apply mutatis mutandis.
(3)
Where the proprietor, person or body having any interest in the land referred to in subsection (1) has served a notice of objection on the Land Administrator, the State Director shall appoint such person or persons as he may think fit to enquire on the spot into the propriety of the intended work and the validity of the objection thereto and to report to him thereon, and shall, on receiving the report, make an order allowing or disallowing the work, or allowing it with such modifications or upon such conditions as he may consider necessary or desirable.
(4)
Where the State Director allows the intended work, the person or body carrying out the work, or his authorized agent or servant—
(a)
shall carry out the work in accordance with such modifications or conditions as are contained in the order of the State Director; and
(b)
shall have free access to any alienated land at all reasonable times for the purpose of surveying, setting out or marking the line of any drain, sewer, pipe, cable or wire, or for any of the purposes specified in subsection 58(1).
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Act 828
National Land Code 127
(5)
Where the person or body carrying out the work fails to comply with any modification or condition contained in the order of the State Director, the State Director shall make an order—
(a)
directing the work to be discontinued; and
(b)
requiring the person or body to restore the land to the same state or condition as it stood at the time of the order allowing the carrying out of the work.
(6)
Where any land, tree or crop is damaged or destroyed in the carrying out of any work by any person or body under this section, the proprietor of the land or, as the case may be, the owner of the crop, shall be paid such compensation as may be agreed between such proprietor or owner of the crop and the person or body carrying out the work or, in default of an agreement between them, such compensation as may be determined by arbitration, and subsection 434(2) shall apply mutatis mutandis.
Division II—DISPOSAL OF LAND
Part Four—DISPOSAL OTHERWISE THAN BY ALIENATION