June 24 for appellate court verdict on Semantan Estate vs Government case

• At the same time, the three-member bench, led by Datuk Lee Swee Seng, will also deliver its decision on a cross-appeal by Semantan Estate over an earlier High Court decision in 2021, to not allow the transfer of the land to the company, owing to the presence of the government buildings there.
• However, this may not be the final verdict on the case, as there is still one more level of appeal available — at the Federal Court — to which both parties can turn.

PUTRAJAYA (March 7): The Court of Appeal (COA) on Friday has fixed June 24 to deliver its decision over the Federal Territory Land Registrar’s appeal over having to register the 263.272-acre prime Kuala Lumpur land known as the “Duta enclave” back to Semantan Estate (1952) Sdn Bhd, following a High Court decision last August.

At the same time, the three-member bench, led by Datuk Lee Swee Seng, will also deliver its decision on a cross-appeal by Semantan Estate over an earlier High Court decision in 2021, to not allow the transfer of the land to the company, owing to the presence of the government buildings there.

However, this may not be the final verdict on the case, as there is still one more level of appeal available — at the Federal Court — to which both parties can turn.

The federal government had acquired the land in 1956 for RM1.3 million. But the government was deemed to be illegally trespassing in a 2009 High Court decision, that was affirmed by the COA and Federal Court.

The hearing of both appeals were conducted last month, and the decision date in June was fixed, following case management before appellate court senior assistant registrar Ahmad Izuddin Fajri Fakrullah.

Counsel Janet Chai Pei Ying for Semantan Estate and senior federal counsel Ahmad Hanir Hambaly @ Arwi, when separately contacted by The Edge, confirmed the date of the decision.

On Feb 20, Semantan Estate’s lead counsel Datuk Dr Cyrus Das told the COA bench that the dispute with the government could bring into question the issue of the rule of law in the country, as what the company and its liquidators possess is a judicial order by the High Court, affirmed by the Federal Court, that leaves no doubt that the taking and occupation of the land was unlawful.

Cyrus said if the court were not able to enforce its own order, then there would arise great doubt on upholding the rule of law on the government, the country, and its citizens.

“The government has made a series of obstacles and has exhausted the right to appeal in this matter,” he said, adding that there had been every attempt (by the government through the years) to prevent the enforcement of the court’s order.

Basically, the company and its liquidators want the land title and the land, along with compensation of mesne profit, following the illegal acquisition.

A mesne profit is a sum expected to be paid by someone or the government for wrongfully occupying property of the rightful owner.

Govt says Semantan Estate not entitled to recover the land

However, the attorney general’s senior federal counsel Shamsul Bolhassan had told the court that Semantan Estate is not entitled to the recovery of the 263.272-acre Kuala Lumpur land parcel, but it is entitled to receive compensation.

Shamsul said this is in accordance with Section 29(1)(b) of the Government Proceedings Act 1956 (GPA).

“However, based on Article 13 of the Federal Constitution, the company is entitled to compensation, based on the value of the land at the time of acquisition in 1956,” he said.

Section 29 of the GPA, on nature of relief, stipulates that in any proceedings against the government for the recovery of land or other property, the court shall not make an order for the recovery of the land or the delivery of the property, but may, in lieu thereof, make an order declaring that the plaintiff is entitled as against the government to the land or property, or to the possession thereof.

Shamsul further said that based on this, the court cannot make a declaration for the return of the land title.

The land dispute in question has several vital government buildings on it, namely the Inland Revenue Board’s headquarters, as well as the National Examinations Syndicate, the Shariah Court Complex, the Federal Territory Mosque, the National Archives, and the Tun Razak Hockey Stadium.

Other structures are the National Tennis Complex, Integrity Institute of Malaysia (IIM), Malaysian Anti-Corruption Academy, Institute of Islamic Understanding Malaysia (IKIM), the Duta bus terminal, and pockets of land that have yet to be developed.

On the land is also the main road, and an overhead bypass from Jalan Duta (now known as Jalan Tuanku Abdul Halim) leading to Segambut.

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