Land Acquisition Act 1960 had mentioned about the procedure for acquiring the land

prescribed. Such proceeding must be in accordance with the rules in Land Acquisition Act 1960
as to make sure the process will be not in any conflict with the natural of justice in our law of
Malaysia. 3 stages had been involved as we named as Pre Acquisition Stage, Acquisition Stage
and Post Acquisition Stage.

The acquisition proceedings starts with a notification named pre-acquisition notification

as which power given under S. 4 of Land Acquisition Act 1960. S.4(1) of Land Acquisition Act
1960 will issue a Form E which known as Notice of Intended Acquisition in Form A, the notice
that land is likely to be acquired. S.52 of Land Acquisition Act 1960 will post the Form A at the
District Land Office that near the land. Form A notice is valid for during under S.4(3) as during
the declaration under S.8(1) must be made. If Form A notice had lapsed, which the situation that
after 12 months the land described isn’t gazette in Form D, the act may initiate fresh proceeding
under S.8(3). S.5 of the act mentioned that the entry and investigation are done by the state
officials authorized by Form B. The officials however cannot enter into house dwelling except
the consent had been obtained from occupier after sent 3 days’ notice in writing about the
intention to do so. S.8(1) mentioned the Form D declaration is the declaration of intended
acquisition as the Form D gazette is the conclusive evidence under S.8(3). Under case of Honan
Plantations v Ker Negeri Johor, declaration in Form D is conclusive as for purpose which the
scheduled of land are required. The state authority will determine what amount to the purpose
which is beneficial towards eco development. In case of Hong Lee Trading & Construction Sdn
Bhd v Taut Ying Realty Sdb Bhd, court held the notification under S.4 of Land Acquisition Act
1960 is to serve as notice to public at large as certain land in such locality in the state “is likely to
be needed”.

Under Section 3(1) of Land Acquisition Act 1960, State Authority may acquire the land
where is needed for any public purpose, by person or corporation that in opinion from State
Authority that is in benefit towards the economic development of country or public and for
purpose in agricultural, residential, mining, industrial, recreational purpose or any combination
of purposes mentioned. However, the public purpose that defined in Section (1)(a) of Land
Acquisition Act 1960 does not have a specific definition. There are cases that had helped to
define the public purpose mentioned. In the case of Bajiro T Kote v State of Mahrashtra, public
purpose is not capable of precise definition but is to serve the general interest in community
other than the particular individual interest. Executive bodies will be the best judges in
determining whether or not the impugned purpose is the public interest mentioned. It is
important to mentioned that such executive bodies is not beyond the purview of scrunity.

In the case of S Kulasingam & Anor v Commissioner of Lands, Federal Territory & Ors ,
the simple common sense test been adopted. In the test, court will look at whether the purpose
serves the general interest for the community. Court held that the acquisition of land in purpose
for building hockey stadium catered for the needs of public as by providing recreational and
sports facilities. Thus had falls under the means of public interest by the simple common sense
test.