SURVEY FOR

ACQUISITION OF LAND
LECTURE CONTENT

• Introduction to land acquisition

• Procedures in land acquisition
• Survey for acquisition of land
INTRODUCTION TO
LAND ACQUISITION
LAND IS A STATE MATTER

• Land is a state matter

• Only State Authority can acquire land
• Federal government has no power to acquire land
• There are several Land Acquisition Enactments and
Ordinance for each states
• The land acquisition exercise become not uniform
from one state to another
MALAYSIAN CONSTITUTION

Article 13
- No person shall be deprived of property save in
accordance with law
- No law shall provide for the compulsory acquisition or use of property without
adequate compensation
(-Tiada seorang pun boleh dilucutkan hartanya melainkan mengikut undang-undang)
(-Tiada sesuatu undang-undang pun boleh membuat peruntukan untuk mengambil atau
menggunakan harta secara paksa melainkan dengan pampasan yang mencukupi)
ENACTMENTS AND ORDINANCES
BEFORE 1960

• Land Acquisition Ordinance 1911

• Land Acquisition Enactment for Federation of Malay States
• Land Acquisition Enactment Johor 1936
• Land Acquisition Enactment Kedah
• Land Acquisition Enactment Kelantan
• Land Acquisition Ordinance Perlis
• Land Acquisition Ordinance Terengganu
LAND ACQUISITION ACT 1960
• To overcome the uncertainties of land
acquisition procedures for the
Peninsular Malaysia, the Land
Acquisition Act was enacted in
13.10.1960
• Based on Land Acquisition Act of India
(1894)
• Amended in 1992
RATIONALE OF THE ACT

• To provide laws and regulations pertaining to

land acquisition
• To provide power to State Authority in
exercising land acquisition
• To overcome the problems with land owner
• To ensure the successfulness of the
development projects
PURPOSE

Section 3 in National Land Code (NLC)

The State Authority can acquire any land for;
a) Any public purposes, or
b) By any person or corporate body to carry out
development project for economic
developments
c) For mining or any purposes including
residential, agricultural, commercial or
industry.
Sec 3 (a) “public purpose” means any, or any combination, of the
following purposes :

(a) for exclusive use of the Government or of the

Federal Government or for general public use;
e.g. School, hospital, court and road.
Sec 3 (b) “economic
developments” e.g. public utilities
• includes any road, rail transportation, water and
electricity supply, gas pipeline, telecommunications,
street lighting, sewerage system, drainage system, public
works, and any other similar public service or convenience‘
• Used for application from individual, private, housing
developer, TNB, Telekom, Petronas, etc.) who applied land
acquisition for purpose build public utilities
Sec 3 (c) For mining or any purposes including residential,
agricultural, commercial or industry.
• for or in connection with the conservation, improvement or exploitation of
natural resources.
• for or in connection with the provision of residential accommodation for any
section or class of the community including the officers, servants or employees
of the Government or the Federal Government, and the families and
employees thereof;
• for or in connection with any scheme relating to the settlement or re-
settlement of any community, or of any section or class of the public, rural or
urban;
• for or in connection with the provision of land for the cultivation of padi, or for
agricultural research or experimental purposes;
• for or in connection with the planning, establishment, extension, improvement
or development of any town or township any purpose reasonably necessary or
desirable in regard thereto, including the provision of open spaces and
amenities and the setting apart of suitable sites for factories industries and
trade;
LAND ACQUISITION
PROCEDURES
LAND ACQUISITION PROCEDURES
1. Early notice
• Notice under Section 4 (Form A)
• Notice under Section 8 (Form G)

2. Power to pass in and survey

• Investigation under section 5 (Form B)
• Investigation under section 6

3. Notification of land acquisition

• Section 7 (Form C)
• Section 8 (Form D)
• Section 9 (Form K)
4. Notice Upon Proceeding
 Section 10 (Form E and D)

5. Investigation
 Section 12

6. Award and Compensation

 Written Award under section 14(1)(Form G)
 Compensation under section 16(Form H)

7. Land Acquisition - officially

 After submission of Form H
 After submission of Form I
Flowchart for direct Applicantion (S8)
Technical and land
report
confirmation
PBN justification and
consideration

Gazzete
Investigation notice

Investigation

Offer to occupant

Compensation payment

Fomal Possession (Form K)

Survey recquisition
NOTICE UNDER SECTION 4
(FORM A)

• This notice allow applicant to investigate or check the

soil
• Usually covering larger than the required area
• To allow appropriate agency to investigate and select
the most suitable area to be acquired
• The notice expired after 12 months from the gazette
date
NOTICE UNDER SECTION 8
(FORM D)

• To gazette the actual area to be acquired

• The land value will be calculated based on this
gazette date
• The notice expired after 24 months from the gazette
date
• During the period, form G will be used
POWER TO PASS IN AND SURVEY

• Section 5 ( Form B)
• The power is given to officer to pass in and recce
the land.
• It is not right to enter the premise
NOTIFICATION OF LAND ACQUISITION

Section 7- Form C
• Land Administrator will produce a plan and express to
PBT for endorsement

Section 8- Form D
• After endorsement, gazette of the land will be
announcement
• The gazette will be expired within

Section 9
• The gazette land must be mark
GAZETTE
(FORM K)

• The land administrator will gazette the lot to be

acquired in the government gazette
• The gazette will be displayed on the appropriate
notice boards
• A copy of the gazette will be sent to the land owner
• The acquisition take place (official) once it was
gazetted in Form K
FORM K

The Form K contains information of the acquired lands

including;
• Lot numbers
• Registered Owner
• Area of the lot
• Acquired Area
• Plan showing the acquired portions.
NOTICE UPON PROCEEDING
(FORM E)
• Once gazetted under Section 8, State Authority shall
display a notice to investigate (Form E)
• This notice to be display on public notice boards in
the area where the land is located
• A copy of the notice is to be submitted to the land
owner or any person occupying the land
• Investigation should be carried out 21 days after the
notice
INVESTIGATION
Section 12

The Land Administrator will;

• Evaluate the price of the land
• Calculate compensation
• Investigate the person entitled for compensation
• Investigate on any objection on the area to be
acquired.
• Officer are not allow to enter the premise
AWARD AND COMPENSATION
Section 14(1) (FORM G)

Once complete the investigation, The Land

Administrator will prepare a written award in
Form G, stated the
• Area to acquired
• Amount of compensation
• Distribution of compensation

The document will be compile in land office.

OFFER FOR COMPENSATION
(FORM H)
The amount of compensation will be offered to the
land owner or qualify person in the H Form.
They will be given 3 option:
1. Accept the compensation
2. Accept the compensation with objection
3. Do not accept the compensation
• If the land owner not agree with the amount, they
could bring the matter to the high court
• The land administrator will deposited the
compensation to the court if:
• There are no qualify person competent for the
payment
• Objection from land owner
• Dispute between related person
• The compensation need to pay in 3 month from
submission date of H form.
ACQUISITION/TAKE POSITION

Official Acquisition ( Form K) – SEC 22

• The land administrator will gazette the lot to be acquired in

the government gazette
• The gazette will be displayed on the appropriate notice board
• A copy of the gazette will be sent to the land owner
• The acquisition take place once it was gazetted in Form K

Related section – SEC 18,19,20, 21 and SEC 22

SURVEY FOR ACQUISITION OF
LAND
SURVEY PROCEDURES FOR
LAND ACQUISITION

• Purpose of Survey
• Survey methods
• Full Survey
• Minimum Survey

• Matters to be considered during the survey

• Status of the Acquired Land
ACQUISITION OF THE ENTIRE LOT

• Field survey is not required if the entire

land is acquired
PURPOSE OF SURVEY

• Survey is required for the preparation of title in

continuation of final title for the remaining (balance)
lot after land acquisition
• Survey is also required for the preparation of new
land title of the acquired area
SURVEY METHODS

• If only partial of the lot is acquired, field survey need

to be carried out. Field survey can be done in two
ways;
• Complete Survey
• Minimum Survey
FULL (COMPLETE) SURVEY

Complete survey need to be carry out if the accuracy

of previous survey values is not sufficient

• The entire lot is to be re-surveyed.

• The acquired lot is demarcated by boundary marks
• New CP is to be drawn
• The field survey cost is higher
MINIMUM SURVEY

• Is a term used to describe a survey method where

only part of the lot is being surveyed while the
remaining portion is compiled from previous survey
values.
• Suitable for large lot where only small area is
acquired
• To reduce fieldwork cost and time
• The acquired lot is demarcated by boundary marks
• New CP is to be drawn
MATTERS TO BE CONSIDERED
DURING SURVEY FOR ACQUISITION

1. Notice to enter land (survey)

2. The acquired area
3. Layout of the acquired portion
4. Un-economic lot (balance)
5. On-line mark
6. Traversing and Sub-closes
1. NOTICE TO ENTER THE LAND

• The surveyor should get the notice to enter

the acquired land for surveying purposes.
• The notice should be sent to the land owner /
occupier before survey being carry out
2. ACQUIRED AREA

• During the execution of the survey, the surveyor shall

ensure that the acquired area is as close as possible to
the area stipulated in the gazetted (Form K).
• To avoid dispute in the compensation amount
3. LAYOUT OF THE ACQUIRED PORTION

• During the execution of the survey, the surveyor shall

ensure that the layout of the acquired portion is as
stipulated in the gazetted (Form K).
• Although the layout of the acquired portion is not
precisely specified in the gazette, the surveyor
should consider the in-situ requirement
• To avoid dispute in the compensation amount
• However, in some cases such as road alignment, the
layout may be changed due to circumstances.
4. UN-ECONOMIC LOT (BALANCE LOT)

• the surveyor should avoid from creating un-

economical balance lot resulting from acquisition
• If the balance lot is too small or the shape is very un-
economical, it should be included into the acquired
portion
5. ON-LINE MARKS

• An on-line marks shall be planted accordingly

• The resulting on-line bearing can be proved either by
observation or calculation
• This can be achieved by picking-up both end marks of
the said line.
6. TRAVERSING SUB-CLOSES

• The surveyor should plan his traversing sub-closes

especially in longitudinal acquisition survey such as
for road or river reserves.
• The sub-closes may prevent propagation of errors
STATUS OF THE ACQUIRED LAND

The status of acquired land after land

acquisition exercise depends on the purpose
of the acquisition and status of the agency.
The land may become;
• state land
• federal land
• reserve land
SAMPLE OF CP