Semantan Estate Sdn Bhd has secured a stay of a Court of Appeal order directing the assessment of compensation payable for Putrajaya‘s longtime occupation of the 106ha Duta Enclave.
The stay, issued by the Federal Court, is pending the disposal of Semantan Estate’s application for leave to appeal the decision, The Edge reported.
A three-member apex court bench chaired by Chief Judge of Malaya Hasnah Hashim granted the stay after the government, represented by senior federal counsel Shamsul Bolhassan, did not oppose the application.
The Federal Court had previously scheduled the leave application for Nov 13, but Hasnah suggested that an earlier date be set given the protracted nature of the dispute.
Semantan Estate’s lead counsel, Cyrus Das, agreed that the motion should be heard without delay. However, he said a hearing in September or October would not be feasible as time was needed to prepare the submissions.
The bench, which also comprised Justices Zabariah Yusof and Vazeer Alam Mydin Meera, then fixed Nov 6 to hear the company’s application for leave to appeal.
On June 24, the Court of Appeal dismissed Semantan Estate’s cross-appeal for a mandamus order to transfer the land in Kuala Lumpur to the company and compel the land authorities to register the land.
A three-member bench ruled that monetary compensation was a more appropriate remedy than ordering the authorities to transfer the land title to the firm.
Justice Lee Swee Seng said a transfer of title was not feasible given that the Duta Enclave houses several key government buildings.
The court ordered the government to compensate Semantan Estate and for an assessment of compensation to be conducted within 90 days, with the assistance of experts.
Putrajaya previously said it was prepared to pay adequate compensation to the company for the property.
Last year, the High Court ordered the government to transfer the land to Semantan Estate after allowing the company’s suit against the Kuala Lumpur land registrar.
However, the government obtained a stay order pending the disposal of its appeal.
The Duta Enclave has witnessed the construction of a number of government complexes and sports facilities, as well as several other landmarks.
In 2009, the High Court ruled that the government had trespassed on the land and was in unlawful occupation of it following a botched acquisition.
Then judicial commissioner Zura Yahya accordingly declared that Semantan Estate retained a beneficial interest in the subject land. The decision was upheld by the Federal Court three years later.
