PUTRAJAYA: The Federal Court has granted Semantan Estate (1952) Sdn Bhd a stay of the Court of Appeal’s ruling that the Federal Land Registrar is not required to register the company as proprietor of the 263.272-acre Duta Enclave land, pending the outcome of its leave to appeal application.
The company also secured a stay of the appellate court’s directive for the government and company valuers to assess compensation based on the 1956 market value.
A three-member bench led by Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim allowed the stay after the government’s senior federal counsel, Shamsul Bolhassan, did not object, though he requested an early hearing date for the leave application.
Justice Hasnah, sitting with Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Vazeer Alam Mydin Meera, subsequently fixed Nov 6 for the leave application, bringing forward the hearing from Nov 13.
Semantan Estate applied for a stay of the Court of Appeal’s June 24 decision directing the High Court to assess compensation payable by the government for the acquisition of the land, based on its 1956 market value with 6 percent annual interest until settlement.
The appellate court further ordered both the government and Semantan Estate to appoint valuers within 90 days of the judgment to conduct the assessment.
On June 24, the Court of Appeal allowed the government’s appeal, holding that Semantan Estate was not entitled to the land title but remained entitled to adequate compensation, to be calculated as at 1956 when the government took possession of the land.
Any compensation determined by the High Court is to be reduced by RM1.325 million, already paid by the government in 1956.
The court also held that the company is entitled to mesne profits, the quantum of which is to be assessed by the High Court.
The disputed tract, situated in the prime Jalan Duta area known as the Duta Enclave, presently houses several government facilities, including the National Hockey Stadium, Malaysian Institute of Integrity, National Archives, Kuala Lumpur Syariah Court, Inland Revenue Board headquarters and Malaysian Anti-Corruption Commission Academy.
Semantan Estate’s dispute with the government dates back to 2003, when it commenced proceedings claiming the land had been unlawfully acquired.
In 2009, Judicial Commissioner Zura Yahya held in favour of Semantan Estate, ruling that the government’s acquisition was unlawful.
Subsequently, the government’s appeals to both the Court of Appeal and the Federal Court were dismissed.
In February 2017, Semantan Estate instituted proceedings against the Kuala Lumpur Land Registrar to enforce the 2009 High Court judgment.
On July 21 this year, the company filed an application for leave to appeal to the Federal Court, posing 26 questions of law for determination.
At today’s Court of Appeal proceedings, Semantan Estate was represented by counsel Datuk Dr Cyrus Das, Ira Biswas and Janet Chai Pei Ying. – Bernama
