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Govt files appeal against Semantan Estate land transfer order
The government has filed an appeal against the Kuala Lumpur High Court’s order on the transfer of 106.542ha of land in Mukim Batu, Kuala Lumpur, to Semantan Estate Sdn Bhd.
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 MACC Academy.
Senior federal counsel Shamsul Bolhassan...
The government has filed an appeal against the Kuala Lumpur High Court’s order on the transfer of 106.542ha of land in Mukim Batu, Kuala Lumpur, to Semantan Estate Sdn Bhd.
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 (above), the Inland Revenue Board building and the MACC Academy.
Senior federal counsel Shamsul Bolhassan confirmed that the Attorney-General’s Chambers filed the notice of appeal on behalf of the appellant, the Registrar of the Federal Territory of Kuala Lumpur Land, late yesterday evening via online submission.
He also stated that a copy of the notice of appeal has been emailed to the legal representatives of Semantan Estate.
On Wednesday, High Court judge Ahmad Shahrir Mohd Salleh ordered the government to transfer the land to Semantan Estate after allowing the company’s originating summons against the Registrar of the Federal Territory of Kuala Lumpur Land.
The court also dismissed the government’s application for a stay of execution pending its proposed land dispute settlement.
Shahrir ordered the Registrar of the Federal Territory of Kuala Lumpur Land to fulfil the required conditions within three months from yesterday and also instructed the government to pay costs of RM50,000.
The judge further directed the defendant to officially register the plaintiff (Semantan Estate) as the land proprietor, finalise all transfer documentation, and issue the land ownership documents in the plaintiff's name, free from any encumbrances or liabilities.
Encroachment
In 2003, Semantan Estate filed a lawsuit against the government, alleging encroachment following an unauthorised land seizure.
In 2009, judicial commissioner Zura Yahya ruled that Semantan Estate had retained its beneficial interest in the land, which the government had unlawfully possessed and subjected to trespass.
The government subsequently filed an appeal, which was struck out on May 18, 2012. On Nov 21, 2012, the Federal Court denied the government’s application for leave to appeal the decision.
In 2018, the Federal Court again dismissed the government’s application to review its previous decision.
Semantan Estate initiated a lawsuit against the Registrar of the Federal Territory of Kuala Lumpur Land in February 2017 to enforce the 2009 High Court judgment.
The government has also proposed a settlement regarding the land dispute.
- Bernama
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