PUTRAJAYA, Nov 6 — The Federal Court has set November 13 for a decision on whether to allow Semantan Estate (1952) Sdn Bhd’s application for leave to appeal the Court of Appeal’s decision which held that the Federal Land Registrar need not register the 263.272-acre Duta Enclave land to the company.
A three-member bench chaired by Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim said the court needed some time to deliberate and will deliver the decision next Thursday (November 13).
Justice Hasnah, sitting alongside with Federal Court judge Datuk Hanipah Farikullah and Court of Appeal judge Datuk Che Mohd Ruzima Ghazali, heard submissions earlier from Semantan Estate’s counsel Datuk Dr Cyrus V. Das, Ira Biswas, Senior Federal Counsel Shamsul Bolhassan representing the government, and lawyer Datuk Malik Imtiaz Sarwar, who appeared for the Malaysian Bar as amicus curiae.
Cyrus V. Das had urged the court to grant leave to Semantan Estate to appeal the June 24, 2025 appellate court’s decision which ruled that Semantan Estate is not entitled to the land title but entitled to adequate compensation, to be assessed based on the land value in 1956, the time government took possession of the land.
He said there are 26 novel constitutional questions of law with regards to property rights, fundamental rights and implications of the rule of law that the Federal Court should determine.
Ira told the court that Semantan Estate is seeking for the transfer of land title, the return of the land as well as compensation for trespassing of the land and mesne profit.
Shamsul, representing the government, the Commissioner of Federal Lands, the minister responsible for land matters in the Federal Territories, Minister of Natural Resources and Environmental sustainability, Director-General of Lands and Mines and Director of Lands and Mines (Federal Territory) and the Registrar of Titles (Federal Territory), opposed the leave application.
He argued that the court should not grant leave to Semantan Estate as the company failed to fulfil the threshold requirement under Section 96 (a) and 96 (b) of the Courts of Judicature Act 1964.
Shamsul said the Court of Appeal’s decision was that the High Court 2009 order declaring that the company retained its beneficial interest in the land, is a declarative order and it did not include a directive for the government to transfer the land back to Semantan Estate.
“The court made it clear that the 2009 order merely recognised Semantan Estate’s entitlement in principle but was not executable or self-enforcing,” he said.
Shamsul also said the proposed questions are not novel questions of law as they arose entirely from the peculiar facts and history of the Semantan Estate dispute.
In civil cases, litigants must obtain leave before they can proceed with their appeals in the Federal Court.
The Court of Appeal, in its decision on June 24, 2025 ordered the compensation sum, decided by the High Court, to be deducted by RM1.325 million, which was paid by the government in 1956. It also held that the company was entitled to mesne profits for the land, the amount to be assessed by the High Court.
The Court of Appeal had also instructed that both the government and Semantan Estate to engage their respective valuation experts to assess the 263.272 acres of land within a 90-day period from the date of the judgment.
The disputed land, located in the prime Jalan Duta area known as the Duta Enclave, houses government buildings that 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.
In 2009, Judicial Commissioner Zura Yahya ruled in favour of Semantan Estate that the government had unlawfully acquired the land. The government’s subsequent appeals at the Court of Appeal and Federal Court were unsuccessful.
In February 2017, Semantan Estate initiated 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 August 28, 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
