Afeef Abdulqader Mansoor v Pentadbir Tanah WPKL

Appellant(s): Afeef Abdulqader Mansoor

Respondent(s): Pentadbir Tanah Wpkl

• YA Dato' Paduka Azman Bin Abdullah
• YA Datuk Azhahari Kamal bin Ramli
• YA Dato Alwi Bin Abdul Wahab

• The appellant's land, which previously had a double-storey house, was acquired by the respondent Land Administrator in 2014 for hill slope rehabilitation.
• The house on the scheduled land was demolished in 2012 by DBKL following a landslide, 16 months prior to the gazette of the land acquisition.
• The appellant sought additional compensation for the demolished house and chattels, claiming injurious affection, but the Land Administrator's award only compensated for the vacant land.

• Whether the compensation awarded by the Land Administrator was adequate, particularly regarding the value of the residential building and its contents lost due to a prior landslide.
• Whether the loss of the building due to the landslide could be classified as "injurious affection" under Section 2(d) of the First Schedule of the Land Acquisition Act 1960.
• Whether a land reference proceeding is the proper forum to determine losses arising from a landslide that occurred prior to the acquisition.

• The Court dismissed the appeal, upholding the High Court's decision that the loss of the building due to the landslide could not be considered "injurious affection" under the Act.
• The Court held that "injurious affection" under Section 2(d) of the First Schedule of the Act specifically refers to damage sustained *at the time of the Land Administrator's taking possession of the land by reason of the acquisition*.
• The Court affirmed that land reference proceedings are not the appropriate forum to determine losses arising from events (like a landslide) that occurred prior to and were not caused by the land acquisition.