PUTRAJAYA, Oct 14 — The Federal Court has dismissed an application by Semantan Estate (1952) Sdn Bhd for an enlarged panel to hear its application for leave to appeal.
The application concerns the Court of Appeal's ruling that the Federal Land Registrar is not obliged to register the 263.272-acre Duta Enclave land in the company's name.
In a letter dated October 14 from the court, sighted by Bernama, Federal Court deputy registrar Wan Norazimin Kassim confirmed the dismissal of the application. Consequently, the hearing will proceed before a standard panel of three Federal Court judges.
The Federal Court had earlier scheduled the hearing of Semantan Estate's application for leave to appeal for November 6.
This follows the Court of Appeal's June 24 ruling, which allowed the government's appeal and found that Semantan Estate is not entitled to the land title but is entitled to adequate compensation based on the land's value as of 1956, the year the government acquired possession.
The sum assessed by the High Court is to be deducted by RM1.325 million, a sum already paid by the government in 1956. Furthermore, the Court of Appeal ruled that the company is entitled to mesne profits, the quantum of which is also to be assessed by the High Court.
The Court of Appeal further directed the government and Semantan Estate to each appoint a valuation expert to assess the value of the 263.272-acre land parcel, to be completed within 90 days from the date of the judgment.
The disputed land is situated in the prime Jalan Duta area, known as the Duta Enclave, which houses several government buildings.
These 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 initiated legal proceedings in 2003 by filing a suit against the government, alleging the land had been unlawfully acquired.
In 2009, the High Court Judicial Commissioner Zula Yahya ruled in the company's favour, finding the acquisition to be unlawful. The government's subsequent appeals to both the Court of Appeal and the Federal Court were dismissed.
To enforce the 2009 High Court ruling, Semantan Estate filed a lawsuit against the Federal Land Registrar in February 2017.
In August last year, the High Court ordered the Federal Land Registrar to execute the transfer of the land title within three months. However, this order was subsequently overturned by the Court of Appeal.
Most recently, on August 28 this year, the Federal Court granted Semantan Estate a stay of the Court of Appeal's decision, pending the outcome of its application for leave to appeal.
