PUTRAJAYA: The Federal Court has fixed Nov 13 to deliver its verdict on whether to allow Semantan Estate Sdn Bhd’s application to appeal in its long-running legal dispute with the government over a 107-hectare parcel of land in Kuala Lumpur’s Duta Enclave.
The three-member bench led by Chief Judge of Malaya Tan Sri Hasnah Mohamed Hashim fixed the date after hearing lengthy submissions from both parties today.
Other members of the bench were Federal Court judges Datuk Hanipah Farikullah and Datuk Che Mohd Ruzima Ghazali.
The company is seeking leave to challenge the appellate court’s decision which set aside an order requiring the government and the Federal Territory Registrar of Titles to transfer ownership of the prime land to it.
On June 24, the lower court held that the government must compensate Semantan Estate for occupying the land since December 1956, with the amount to be assessed by the High Court within 90 days.
The court said that while courts can declare a private party’s entitlement to land, they cannot compel the government to return land that has since been developed for public use.
Earlier, lawyer Datuk Dr Cyrus V. Das who appeared for the company submitted that the Court of Appeal had exceeded its powers when it introduced a compensation order on its own initiative.
He said neither party had sought compensation and that the appellate court had no jurisdiction to alter a final High Court order, which had twice been affirmed by the Federal Court.
Das submitted that the ruling effectively legitimised an unlawful acquisition of land by the government, in violation of Article 13 of the Federal Constitution which protects private property rights.
He further contended that pre-Merdeka laws such as Section 29(1)(b) of the Government Proceedings Act (GPA) and Section 8(3) of the Specific Relief Act (SRA) were unconstitutional if used to block land recovery.
The senior lawyer said allowing the government to retain private land unlawfully by merely paying compensation would undermine the rule of law and the sanctity of final court judgments.
Meanwhile, senior federal counsel Shamsul Bolhassan argued that the Court of Appeal had correctly ruled the government could not be compelled to return the land dubbed as ‘Duta Enclave’ to Semantan Estate.
He said Section 29(1)(b) of the GPA and Section 8(3) of the SRA remain valid and constitutional, as they are designed to protect public functions from disruption where land has been developed for public use.
He said the Court of Appeal was right to order compensation instead, noting that the land has been transformed into a major government enclave since the 1950s.
Shamsul added that the government’s continued occupation of the land was lawful, and the appellate court’s ruling struck a fair balance between private rights and public interest.
The disputed land, located in the prime Jalan Duta area known as the Duta Enclave, houses several government buildings.
These include the national hockey stadium, Malaysian Institute of Integrity, national archives, 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.
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