Appellate court allows joint hearing of govt and Semantan Estate’s appeal on Nov 7, unless settlement is reached beforehand

• Judge Datuk Lee Swee Seng, who led the three-member bench, fixed Nov 7 as the hearing date for both appeals, as both parties agreed that it would proceed without grounds to High Court judge Datuk Ahmad Shahrir Mohd Salleh’s decision on Aug 7, which contains the order for the registration of the transfer.
• At the same time, the government gave an undertaking that the hearing of the appeals would not hamper the ongoing negotiations to resolve the long-standing dispute.

PUTRAJAYA (Sept 19): The Court of Appeal (COA) has allowed on Thursday for a joint hearing of the Federal Territory (FT) Land Registrar’s and Semantan Estate (1952) Sdn Bhd’s opposing appeals on the “Duta enclave” issue on Nov 7 this year.

The FT Land Registrar is appealing the requirement to comply with an order for the transfer and registration of the 263.27-acre “Duta enclave” to the liquidator of Semantan Estate. Meanwhile, Semantan Estate is appealing to compel the government to hand over or surrender the land and buildings on the land.

Judge Datuk Lee Swee Seng, who led the three-member bench, fixed Nov 7 as the hearing date for both appeals, as both parties agreed that it would proceed without grounds to High Court judge Datuk Ahmad Shahrir Mohd Salleh’s decision on Aug 7, which contains the order for the registration of the transfer.

At the same time, the government gave an undertaking that the hearing of the appeals would not hamper the ongoing negotiations to resolve the long-standing dispute.

Lee, who sat with COA judge Datuk Azimah Omar and High Court judge Datuk Wan Ahmad Farid Wan Salleh, then ordered Senior Federal Counsel (SFC) Shamsul Bolhassan, who appeared with SFCs Liew Horng Bin and Ahmad Hanir Hambaly @ Arwi, to file their memorandum of appeal and record of appeal over the FT Land Registrar’s appeal by Oct 9, and written submissions to the appeal by Oct 23, and the reply by Semantan Estate on Nov 1, before the hearing date.

Initially, Thursday’s hearing was fixed for the hearing of Semantan Estate’s appeal over the High Court’s October 2021 decision, over not granting a mandamus to compel the government, including the FT minister, FT land commissioner, the Land and Mines Department director general, the FT director of the Land and Mines Department, the FT land registrar, and the Natural Resource and Environment Ministry, to transfer the said land and buildings on it.

Affected government buildings

The said 263.23-acre land known as the “Duta enclave” was acquired in 1956 and is at present day, home to a number of government complexes, sports facilities, as well as a few other familiar landmarks.

Besides the National Archives and major roads leading from Jalan Duta to Segambut, there are 13 other government buildings, including the National Examination Syndicate, the Education Department, the Malaysian Institute of Integrity, the Inland Revenue Board, and the Malaysian Anti-Corruption Commission Academy.

The Jalan Duta Sports Complex — comprising the National Tennis Centre, Squash Centre, and the Tun Razak Hockey Stadium — also sits on the land.

Others buildings include the International Islamic University academic building, Malaysia Institute of Islamic Understanding (IKIM), the Federal Territory mosque, and the Duta bus terminal.

High Court judge Datuk Ahmad Kamal Md Shahid, in his October 2021 decision, dismissed the judicial review filed by Semantan Estate and made no order as to costs, resulting in this ongoing appeal scheduled on Thursday.

Govt wants both appeals heard together

Shamsul informed the COA bench that they were seeking an adjournment of Thursday’s hearing and wanted Semantan Estate’s appeal to be heard with the FT Land Registrar’s appeal over High Court judge Datuk Ahmad Shahrir Mohd Salleh’s decision to give effect and registration of the transfer of the land to Semantan Estate.

This is because the government does not want two different decisions emanating from two ongoing appeals which involve the same subject matter of the land.

Semantan Estate’s counsel Datuk Dr Cyrus Das objected to the adjournment of the hearing of its appeal, as the matter had been long-standing and there were earlier court decisions up to the Federal Court-level, which deemed that the government had trespassed on the land.

Lee and the bench were also initially hesitant in granting an adjournment and said that whatever they decide in Semantan Estate’s appeal would not affect the stay obtained by the FT Land Registrar over having to register the transfer of the said lands within three months of Aug 7, the date of Ahmad Shahir’s decision ordering for the transfer.

The stay was granted by Ahmad Shahrir on Sept 12.

Cyrus then said that if the FT Land Registrar wants the hearings to be heard together on the same day, that this should be done within the next month. In addition, Cyrus wanted the government’s undertaking that it would not stop the ongoing negotiations to resolve the matter.

Shamsul also informed the court that the government is still negotiating over an amicable settlement over the matter. 

Read also:
Govt in active talks for amicable solutions over Duta enclave dispute with Semantan Estate

Lee then instructed a short adjournment for both the government representative, and Semantan Estate’s lawyers, who also comprise of Ira Biswas and Janet Chai Pei Ying, to discuss on a suitable date, and it was only until after the discussion that the bench allowed the adjournment and moved the hearing to Nov 7, should a settlement not be reached before then.

History of the dispute

In 2009, Judicial Commissioner Zura Yahya ruled that the liquidator of Semantan Estate is the beneficial owner of the 263.27-acre land, and that the government had taken unlawful possession of, and trespassed on the land.

Semantan Estate was founded by Eng Lian Group and Ng Chin Siu & Sons Rubber Estates Sdn Bhd — the vehicles of two prominent land-owning families.

Eng Lian Group is mostly known for developing Bangsar in Kuala Lumpur from the 1970s. The group’s commercial and retail showcase — Bangsar Village — sits prominently there. Ng Chin Siu & Sons Rubber Estates, meanwhile, has kept a low profile and has not done many developments in recent years. Most of Desa Sri Hartamas and Mont'Kiara once belonged to it.

The Court of Appeal and the Federal Court in 2012 had upheld the High Court’s decision. The apex court had also dismissed the government’s review application in November 2018.

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