Govt files appeal against Semantan Estate Land transfer order

KUALA LUMPUR, Aug 8 (Bernama) -- The government has filed an appeal against the High Court's order on the transfer of 263.272 acres (106.542 hectares) of land in Mukim Batu, Kuala Lumpur, to Semantan Estate Sdn Bhd.

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.

Senior federal counsel Shamsul Bolhassan, when contacted by Bernama, confirmed that the notice of appeal was filed by the Attorney General’s Chambers on behalf of the appellant, the Registrar of the Federal Territory of Kuala Lumpur Land, late this evening via online submission.

He also stated that a copy of the notice of appeal has been emailed to the legal representatives of Semantan Estate. 

Yesterday, High Court Judge Datuk Ahmad Shahrir Mohd Salleh ordered the government to transfer the land to Semantan Estate after allowing the company's originating summons against the Registrar of the Federal Territory of Kuala Lumpur Land. 

The court also dismissed the government's application for a stay of execution pending its proposed settlement of the land dispute.

Judge Ahmad Shahrir ordered the Registrar of the Federal Territory of Kuala Lumpur Land to fulfill the required conditions within three months from yesterday and also instructed the government to pay costs of RM50,000.

The judge also directed the defendant to officially register the plaintiff (Semantan Estate) as the proprietor of the land, finalise all transfer documentation, and issue the land ownership documents in the plaintiff's name, free from any encumbrances or liabilities.

In 2003, Semantan Estate filed a lawsuit against the government, alleging encroachment following an unauthorised land seizure.

In 2009, Judicial Commissioner Zura Yahya ruled that Semantan Estate had retained its beneficial interest in the 263.27-acre land, which had been unlawfully possessed by the government and subjected to trespass.

The government subsequently filed an appeal, which was struck out on May 18, 2012. On Nov 21, 2012, the Federal Court denied the government’s application for leave to appeal the decision.

In 2018, the Federal Court once again dismissed the government’s application to review its previous decision.

Semantan Estate initiated a lawsuit against the Registrar of the Federal Territory of Kuala Lumpur Land in February 2017 to enforce the 2009 High Court judgment.

The government has also proposed a settlement regarding the land dispute.

-- BERNAMA