Duta Enclave: Jan 20 For Case Management Over Assessment Of Damages

KUALA LUMPUR,  Nov 17  (Bernama) -- The High Court today set Jan 20 for case management in the assessment of damages to be paid by the government to Semantan Estate (1952) Sdn Bhd.

Judge Roslan Mat Nor set the date during a proceeding attended by federal Counsel (FC) Nur Zul Izzati Zulkipli and lawyer Janet Chai Pei Wing, who represented Semantan Estate.

 Last Nov 13, the Federal Court dismissed Semantan Estate (1952) Sdn Bhd’s application for leave to appeal the Court of Appeal’s decision, which held that the Federal Land Registrar is not required to transfer the title of the 263.272-acre Duta Enclave to the company.

Accordingly, the Court of Appeal's decision in favour of the government remains in force because the company involved cannot continue its appeal in the Federal Court due to its failure to obtain leave.

On June 24 this year, the Court of Appeal ruled that Semantan Estate is not entitled to the land title. However, the court held that Semantan Estate is entitled to adequate compensation, to be assessed based on the land’s value in 1956, when the government took possession of the land.

The disputed land, located in the prime Jalan Duta area and known as the Duta Enclave, houses several government buildings, including 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 that the land had been unlawfully acquired.

In 2009, Judicial Commissioner Zura Yahya ruled in favour of Semantan Estate, determining that the government had unlawfully acquired the land and that the company held a beneficial interest in it.

The government’s subsequent appeals to the Court of Appeal and Federal Court were unsuccessful.

In Feb 2017, Semantan Estate filed a lawsuit against the Federal Land Registrar to enforce the 2009 High Court judgment.

In August last year, the High Court directed the Federal Land Registrar to effect the transfer of the land within three months of the court order. This order was overturned by the Court of Appeal..

On June 24 of this year, a three-member panel of the Court of Appeal, led by Justice Datuk Lee Swee Seng (now a Federal Court judge), ordered that the compensation sum previously decided by the High Court be reduced by RM1.325 million, which had been paid by the government in 1956.

The appellate court also ruled that Semantan Estate was entitled to mesne profits for the land, the amount of which was to be assessed by the High Court.

The Court of Appeal further instructed that both the government and Semantan Estate engage their respective valuation experts to assess the 263.272 acres of land within 90 days from the date of the judgment.

On Aug 28 of this year, the Federal Court granted Semantan Estate a stay of the Court of Appeal’s decision, pending the outcome of its leave to appeal application.

-- BERNAMA