A REVIEW OF LAND ACQUISITION PROCEDURES AND COMPENSATION PRACTICES FOR THE PAN BORNEO HIGHWAY PROJECT IN SARAWAK, MALAYSIA

Abstract

The Pan Borneo Highway is one of the mega projects in Malaysia aimed at improving the infrastructure and enhancing connectivity in Sabah and Sarawak. With over 2000 kilometres in span, the Pan Borneo Highway project required the government to conduct massive land acquisitions and pay a huge compensation amount. Although receiving the compensation, many landowners felt it was insufficient and remained unsatisfied. Some landowners had expressed their dissatisfaction in the newspapers, which gave a negative impression of the project. This paper seeks to understand the land acquisition procedures and fair compensation determination practice in Sarawak. The qualitative research method examines the legislative resources to determine the land acquisition procedures and compensation. The study also interviewed personnel from the Land and Survey Department, Sarawak, to confirm the practice. The study discovered that the legislation is in place and clear to standardize the practice. This legislation clearly sets out the principles for determining fair compensation. The land acquisition procedures in Sarawak differentiate between land with a title deed and land under the Native Customary Rights (NCR) gazette. The paper concluded with suggestions to explore compensation principles for communal rights.