High Court rules 'Duta Enclave' should be returned to Semantan Estate
In a 12-page judgment released on Oct 21, Justice Datuk Ahmad Shahrir Mohd Salleh said due to a botched acquisition, the government was and is still in unlawful occupation of the land.
KUALA LUMPUR - The High Court ruled that the disputed 263.272 acres (106.542 hectares) of land in Mukim Batu, here, known as the "Duta Enclave", should be returned to Semantan Estate Sdn Bhd (SESB), hence declaring the government’s 1956 acquisition of the land invalid.
In a 12-page judgment released on Oct 21, Justice Datuk Ahmad Shahrir Mohd Salleh said that due to a botched acquisition, the government was and is still in unlawful occupation of the land.
"This fact was found as such by the High Court, affirmed by the Court of Appeal and subsequently the Federal Court. Even an attempt to review the decision of the Federal Court fell flat to the ground.
"Prior to the acquisition, the land belonged to the plaintiff (Semantan Estate) and had the acquisition been valid and lawful, the land would belong to the government," said the judge.
He also emphasised that his ruling was made because the court must uphold and accord the fundamental rights entrenched in the Federal Constitution its rightful status without sanctimony.
"When called upon to uphold fundamental rights as enshrined under the Constitution, the courts do not engage in riddles and whitewashes in protecting against transgressions over those rights. So, sacrosanct are these fundamental rights that not even the powers of the state could encroach upon," said Justice Ahmad Shahrir.
The disputed land, located in the prime Jalan Duta area, houses government buildings, including 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 Sept 12, Ahmad Shahrir granted a stay of his order requiring the government to transfer the land in Batu, here, to Semantan Estate pending the disposal of the government’s appeal at the Court of Appeal on the grounds, noting that special circumstances for the court to grant the stay and that his ruling would not prejudice the company.
The Court of Appeal is set to hear the government’s appeal on Nov 7.
On Aug 7, Ahmad Shahrir ordered the government to transfer the land to Semantan Estate after allowing the company's originating summons against the Federal Territory of Kuala Lumpur Land Registrar.
The judge also ordered the Land Registrar to fulfil the required conditions within three months and instructed the government to pay RM50,000 in costs.
Additionally, the judge instructed the Land Registrar to register Semantan Estate as the proprietor of the land, finalise all transfer documentation, and issue the land title documents in the plaintiff's name, free from any encumbrances or liabilities.
In 2003, Semantan Estate filed a lawsuit against the government, alleging encroachment due to illegal acquisition of the land.
In 2009, Judicial Commissioner Zura Yahya ruled that Semantan Estate had retained its beneficial interest in the 263.272 acres of land, declaring the government’s action as trespass.
The government subsequently filed an appeal but was struck out on May 18, 2012. The Federal Court denied the government’s application for leave to appeal on Nov 21, 2012, and again dismissed the review of the previous decision in 2018.
In February 2017, Semantan Estate initiated a lawsuit against the Federal Territory Land Registrar to enforce the 2009 High Court judgment. The government had also proposed a settlement over the land dispute. - BERNAMA
