PUTRAJAYA, Feb 20 — The Court of Appeal has deferred its verdict on the government’s appeal against a High Court ruling regarding the transfer of ownership of 263.272 acres (106.542 hectares) of the Duta enclave land to Semantan Estate Sdn Bhd.
A three-member bench comprising Justices Datuk Lee Swee Seng, Datuk Azimah Omar, and Datuk Wan Ahmad Farid Wan Salleh also deferred their decision on Semantan Estate’s appeals against a High Court’s dismissal of its application for judicial review to re-acquire the land, as well as the stay order.
Justice Lee said parties to the appeal would be notified on the new date.
During the proceedings, Semantan Estate’s lawyer Datuk Cyrus Das and senior Federal counsels Shamsul Bolhassan and Ahmad Hanir Hambaly@Arwi for the government submitted their arguments.
Shamsul contended that the government cannot be compelled to return the Duta enclave land to Semantan Estate, as Section 29(1)(b) of the Government Proceedings Act 1956 (GPA) prohibits courts from issuing orders for land recovery in cases against the government.
However, he conceded that under Article 13 of the Federal Constitution, Semantan Estate is entitled to compensation based on the value of the land at the time it was acquired in 1956.
Shamsul further submitted that mesne profits should be calculated from 1956 until the date the appellate court issues its compensation order.
In 2009, the High Court had ruled that Semantan Estate was entitled to mesne profit.
Earlier, Cyrus argued that the appellate court lacked jurisdiction to substitute compensation for the transfer of land titles, as it could not override the High Court’s 2009 ruling, which required the government to transfer the land to Semantan Estate.
He also argued that Section 29 (1) (b) of the GPA had denied private citizens their lawful remedy and therefore infringed on the judicial power vested in the courts.
On August 7 last year, High Court Judge Datuk Ahmad Shahrir Mohd Salleh ordered the government to transfer the land titles to Semantan Estate after allowing its originating summons against the Federal Territory of Kuala Lumpur Land Registrar.
He also instructed the Land Registrar to fulfil the required conditions within three months, register Semantan Estate as the proprietor of the land, finalise all transfer documentation and issue the land titles free of any encumbrances or liabilities.
Subsequently, the government filed an appeal on August 8 and obtained a stay of the High Court’s decision on September 12, pending the appeal's disposal at the Court of Appeal.
Previously, on October 27, 2021, another High Court judge, Datuk Ahmad Kamal Md Shahid (now a Court of Appeal judge) dismissed Semantan Estate’s application for a judicial review seeking to re-acquire the land.
The disputed land, located in the prime Jalan Duta area known as the Duta enclave, houses government buildings that include the National Hockey Stadium, the Malaysian Institute of Integrity, the National Archives, the Kuala Lumpur Syariah Court, the Inland Revenue Board building, and the Malaysian Anti-Corruption Commission Academy.
Semantan Estate's legal battle began in 2003 when it sued the government, claiming the land was unlawfully acquired.
In 2009, Judicial Commissioner Zura Yahya ruled in favour of Semantan Estate that the government had unlawfully acquired the land.
The government’s subsequent appeals at the Court of Appeal and Federal Court were unsuccessful.
In February 2017, Semantan Estate initiated a lawsuit against the Kuala Lumpur land registrar to enforce the 2009 High Court judgment.
— Bernama
