AGC To File Appeal After High Court Orders Govt To Transfer Duta Land To Semantan Estate

KUALA LUMPUR, Aug 7 (Bernama) -- The Attorney-General's Chambers (AGC) will file an application for a stay of execution against the High Court's decision here ordering the government to transfer ownership of 263.272 acres (106.542 hectares) of land in Mukim Batu, Kuala Lumpur District to Semantan Estate Sdn Bhd (SESB).

In a statement tonight, the AGC said the department on behalf of the Registrar of the Federal Territory of Kuala Lumpur Land would also file an appeal to the Court of Appeal against the High Court's decision.

"Semantan Estate Sdn Bhd has filed an originating suit in the Kuala Lumpur High Court for the Registrar of Federal Territory to transfer ownership of 263.272 acres of land in Mukim Batu, Kuala Lumpur District  to SESB under Section 417 of the National Land Code 1965.

"Today, the Kuala Lumpur High Court allowed the application for the land to be transferred to SESB," the AGC said.

The 263.27 acres were acquired by the government in 1956 to be transformed into what they called “the Duta enclave” which currently houses government buildings that include the Tun Razak hockey stadium, the Malaysian Institute of Integrity, the National Archives, the Kuala Lumpur Syariah Court, the Inland Revenue Board building, the Malaysian Anti-Corruption Commission Academy.

Judge Datuk Ahmad Shahrir Mohd Salleh allowed the Semantan Estate’s originating summons after hearing submissions from both parties today after the court dismissed the government’s application for an adjournment of today’s hearing pending a proposed settlement by the government on the land dispute.

“The court orders the defendant (Registrar of the Federal Territory of Kuala Lumpur Land) to carry out the terms sought within three months from today,” said the judge and ordered the government to pay costs of RM50,000.

Judge Ahmad Shahrir also ordered the defendant to register the plaintiff (Semantan Estate) as the proprietor of the land, to execute of the all instruments of transfer and issued document of title to the land free of encumbrances and liabilities in the name of the plaintiff.

In 2003, Semantan Estate filed a suit against the government for trespassing, arising out of the unlawful acquisition of the land from the company and in 2009, High Court judicial commissioner Zura Yahya ruled that the Semantan Estate retained its beneficial interest in the 263.27 acres of the land which the government had taken unlawful possession of and trespassed on the land.

The government then appealed to the Court of Appeal but its appeal was dismissed on May 18, 2012. On Nov 21, 2012, the Federal Court also rejected the government's application to seek leave to appeal against the decision.

The Federal Court in 2018 also denied the application by the government to review the earlier Federal Court ruling.

At the same time, in Feb 2017, Semantan Estate filed an originating summons against the Registrar of the Federal Territory of Kuala Lumpur Land to enforce the judgment by the High Court in 2009.

The government had also proposed settlement over the land dispute.

-- BERNAMA