PUTRAJAYA: Semantan Estate Sdn Bhd today obtained a stay of the Court of Appeal’s decision, which had ruled that the Federal Land Registrar was not required to transfer back the 263.272-acre “Duta enclave” to the company.
A three-member Federal Court bench, led by Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim, allowed the application after the government, represented by senior federal counsel Shamsul Bolhassan, did not object and consented to the stay.
The stay will remain in place pending the hearing of the company’s motion for leave to appeal at the apex court on Nov 6.
Other members of the bench were Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Vazeer Alam Mydin Meera.
In its June 24 ruling, the appellate court had also ordered that compensation for the prime tract be assessed according to the 1956 rate by both the company and government valuers.
The court allowed the government and the Federal Territory Registrar of Titles’ appeal to set aside the order requiring them to transfer ownership of the land to Semantan Estate.
The court also unanimously ordered that compensation be paid to the company, to be assessed by the High Court within 90 days with the assistance of expert valuers.
The court said that in cases involving the recovery of land from the government, it can only issue a declaration that a party is entitled to possession and not an order compelling the government to return the land.
The court said this is based on broader principles of administrative law that are meant to protect public bodies from disruptions to the performance of their public duties.
On the issue of compensation, the court agreed that the amount payable should be based on the market value of the land at the time the government took possession (Dec 3, 1956) and not at current market rates.
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.
© New Straits Times Press (M) Bhd
