PUTRAJAYA - The government’s appeal hearing against the Kuala Lumpur High Court’s order to transfer ownership of 263.272 acres (106.542 hectares) of land in Mukim Batu, Kuala Lumpur to Semantan Estate Sdn Bhd (SESB), has been postponed to Nov 7.
The adjournment was granted by a three-member panel of the Court of Appeal led by Justice Datuk Lee Swee Seng following a request from Senior Federal Counsel (SFC) Shamsul Bolhassan, citing ongoing negotiations.
"My Lord, the government applied to adjourn today’s proceedings. The negotiation is actively ongoing but I can’t reveal everything. Thus, I request today’s proceedings to be adjourned,” said Shamsul.
However, Semantan Estate’s counsel Datuk Dr Cyrus Das, urged for fairness, stating that the case should proceed next month, highlighting the 15-year delay since the initial court order in 2009.
Justice Lee granted the adjournment and fixed Nov 7 to hear two applications, namely the mandamus order filed by the Semantan Estate and the government’s appeal of the Aug 7 transfer order issued by High Court Judge Datuk Ahmad Shahrir Mohd Salleh.
"Meanwhile, you (both lawyer and SFC) talk to each other to solve the problem,” said Justice Lee, who presided alongside Datuk Azimah Omar and High Court Judge Datuk Wan Ahmad Farid Wan Salleh.
The disputed land, located in the prime Jalan Duta area known as the "Duta enclave", houses government buildings that include the National Hockey Stadium, the Malaysian Institute of Integrity, the National Archives, the Kuala Lumpur Syariah Court, the Inland Revenue Board building and the Malaysian Anti-Corruption Commission Academy.
On Aug 7, Judge Ahmad Shahrir ordered the government to transfer ownership of the land to Semantan Estate after allowing the company's originating summons against the Federal Territory of Kuala Lumpur Land Registrar.
The court also instructed the Land Registrar to fulfil the required conditions within three months, register Semantan Estate as the proprietor of the land, finalise all transfer documentation and issue the land titles free of any encumbrances or liabilities.
Subsequently, the government filed an appeal on Aug 8, and on Sept 12, successfully obtaining a stay of the High Court's decision pending the disposal of the government’s appeal at the Court of Appeal.
The legal dispute dates back to 2003 when Semantan Estate filed a lawsuit against the government, alleging it of illegally acquiring the land.
In 2009, Judicial Commissioner Zura Yahya ruled that the government had unlawfully acquired the land, and subsequent appeals by the government in 2012 and 2018 were dismissed by the Federal Court.
Semantan Estate initiated a lawsuit against the Federal Territory Land Registrar in February 2017 to enforce the 2009 High Court judgment, while the government has also proposed a resolution to the ongoing land dispute. - BERNAMA