



Land Acquisition Proceedings: Principles & Practice Malaysia | 2025*
Land Acquisition Proceedings: Principles & Practice Malaysia | 2025
Author | Dato’ R. K. Nandy |
Publication Date | June 2025 |
ISBN | 9786299501527 |
Format |
Hard Cover, 578 pages |
Publisher | Marsden Law Book Sdn Bhd |
In a legal environment where private land rights intersect with the government’s power to acquire land for public use, Land Acquisition Proceedings: Principles and Procedure in Malaysia provides an in-depth and timely exploration of this complex area of law. Dato’ R.K. Nandy skillfully examines the doctrine of dominium eminens—the State’s authority to acquire land compulsorily—within the protective scope of Article 13 of the Federal Constitution and the Land Acquisition Act 1960 (Act 486).
Drawing extensively from constitutional provisions, statutory protections, and key judicial decisions—including Tegas Sejati Sdn Bhd v Pentadbir Tanah dan Galian Hulu Langat & Anor and other recent Federal Court cases—the author offers a clear and well-organized account of the legal principles, procedures, and remedies related to land acquisition.
The book is systematically arranged to reflect the structure of Act 486, incorporating updates from the Land Acquisition (Amendment) Act 2016 (Act A1517). It also explores avenues for judicial review and other legal remedies available to landowners, offering thoughtful commentary on how justice and fairness are maintained in compulsory land acquisition processes.
Combining clarity with comprehensive analysis, this book is an indispensable resource for judges, lawyers, students, valuers, and professionals in the property and development sectors. Its strong foundation in both legal theory and practical application makes it a significant contribution to the field of Malaysian legal studies.
…“The right to property has long been regarded as one of the cornerstones of individual liberty. Yet, as this book compellingly illustrates, that right is not without limits, particularly when balanced against the broader interests of the public. In Land Acquisition Proceedings: Principles and Procedure in Malaysia, the author examines this delicate equilibrium with remarkable depth and clarity, addressing the tensions between private property rights and the State’s prerogative to acquire land for public purposes.
This book provides a thoughtful exploration of Malaysia’s unique legal framework surrounding land acquisition, with a particular focus on the provisions of Article 13 of the Federal Constitution and the Land Acquisition Act 1960 (Act 486). As the author adeptly points out, while the State retains ultimate authority under the principle of dominium eminens, the fundamental rights of landowners are safeguarded by constitutional guarantees and statutory mechanisms designed to ensure fairness and justice. This dual focus on power and protection makes the subject matter as compelling as it is critical.
Dato’ R.K. Nandy utilises the existing legislation and case law to their fullest potential to encapsulate the essence of land acquisition matters.”…
— Foreword by The Honourable Justice Tan Sri Datuk Nallini Pathmanathan, Federal Court Judge of Malaysia
Contents of Land Acquisition Proceedings: Principles & Practice Malaysia
Chapter 2 Malaysian Federal Constitution & The Right To Property Ownership – Article 13 Federal Constitution
Chapter 3 Acquisition Of Land By The State Authority
– Scope Of Part Ii (section 3) Of Act 486-procedure
Chapter 4 Land Acquisition Proceedings-scope Of Part Ii
– (sections 4 – 9) Of Act 486
-preliminary Notice
Chapter 5 Opposing The Land Acquisition Proceedings
– Grounds
Chapter 6 Commencement Of Proceedings And The Powers & Functions Of The Land Administrator
-scope Of Part Ii (sections 10 – 16) Of Act 486
Chapter 7 Principles Related To The Determination Of Compensation
– Scope Of The First Schedule To Act 486
Chapter 8 Taking Possession Of Land By The State Authority And The Payment Of Compensation By The Land Administrator
– Scope Of Part Iv (sections 18 – 35) Of Act 486
Chapter 9 Reference To Court
– Scope Of Part V (sections 36 – 51) Of Act 486
Chapter 10 Proceedings At The Hearing Of The Reference
– Scope Of Part V (sections 43 – 51) Of Act 486
Chapter 11 Temporary Occupation Or Use Of Land
– Scope Of Part Vii (sections 57 – 61) Of Act 486
Chapter 12 Miscellaneous Provisions, Offences & Remedies In Land Acquisition Proceedings
– Scope Of Part Viii (sections 62 – 69) Of Act 486
Chapter 13 Judicial Review In Land Acquisition Proceedings
Chapter 14 Guidelines By The Director General Of Land & Mines
Chapter 15 Acquisition Of Subdivided Building Or Land
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