Semantan Estate liquidator also appealing stay granted to FT Land Registrar

KUALA LUMPUR (Nov 5): The liquidator of Semantan Estate (1952) Sdn Bhd, the firm embroiled in the ‘Duta Enclave’ dispute, is appealing against the High Court’s decision on Sept 12 to allow a stay to the Federal Territory Land Registrar of having to register the transfer of ownership from the Malaysian government to the company within three months of its Aug 7 decision.

Following a case management last Friday, the appeal has been fixed for hearing on Thursday at the Court of Appeal (COA) with two other related appeals.

The outcome of last Friday’s case management was confirmed by Semantan Estate’s lawyer, Janet Chai Pei Ying, when contacted by The Edge.

Hence, a three-member COA bench is set to hear the appeals in the historically long-standing land dispute on Thursday — with two appeals on Semantan Estate’s side and one by the FT Land Registrar — which could affect the outcome of the 263.27-acre (106.54-hectare) prime land.

On Sept 19, a three-member bench led by COA judge Datuk Lee Swee Seng decided to hear both Semantan Estate’s and the FT Land Registrar’s appeals.

The FT Land Registrar is appealing against 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, within three months of the Aug 7 decision made by High Court judge Datuk Ahmad Shahrir Mohd Salleh before the stay was granted by Ahmad Shahrir on Sept 12.

Meanwhile, Semantan Estate is appealing against the High Court’s October 2021 judicial review dismissal to compel the government, the Land and Mines Department and the FT minister to hand over or surrender the land and buildings on the land.

Prior to this, there were talks of negotiations to settle the long-standing dispute before the Nov 7 hearing date. With the hearing date fixed, there is likely no settlement of the dispute.

Govt buildings sit on land

Several government buildings like the National Archives sit on the prime land at the heart of the city centre, followed by 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 Examinations 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, and the Federal Territory Mosque — also sit 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 2009 decision. The apex court had also dismissed the government’s review application in November 2018.

Possible handover of undeveloped land

On Oct 29, Prime Minister Datuk Seri Anwar Ibrahim told Parliament that the federal government might consider handing over (back) undeveloped land within the disputed Duta Enclave.

This follows the High Court’s October ruling that the Duta Enclave should be returned to Semantan Estate, effectively declaring the government’s 1956 acquisition of the land invalid.

While emphasising that the government is appealing against the court’s decision on the land title transfer, Anwar noted that negotiations with Semantan Estate are ongoing.

“The secretary general of the Treasury has held two rounds of discussions with them. We may consider allowing the undeveloped land to be handed over to them, provided that they must collaborate with government-linked companies,” Anwar told the Dewan Rakyat.

Anwar also dismissed suggestions that his government would pay excessive compensation to settle the land dispute following the previous government’s said offer of RM5 billion, as revealed by former de facto law minister Datuk Seri Takiyuddin Hassan.

"We must be mindful that if the government compromises easily on this case, it could set a precedent affecting other communities, especially with regard to Malay-owned land in urban areas," Anwar said.

"This is why the Cabinet disagreed with the previous administration’s proposal. We will negotiate fairly with Semantan Estate — they will receive compensation far higher than RM1.4 million, but this cannot be taken for granted."

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