Cabinet to review land acquisition laws following Duta Enclave ruling

Prime Minister Anwar Ibrahim announced that the cabinet would review laws related to land acquisitions.

He said this in response to a High Court ruling on Aug 7 which ordered the government to return nearly 107 hectares of land around Jalan Tuanku Abdul Halim, formerly known as Jalan Duta, to the original owner Semantan Estate (1952) Sdn Bhd.

The land, known as “Duta Enclave”, includes part of the Federal Territory Mosque, the Jalan Duta Government Complex, the Jalan Duta Hockey Stadium, and the Malaysian Institute of Integrity.

“The reason the land was taken was for public facilities by the government and so on, not for private entities. However, it may be subject to existing laws.

“So, I will propose to the cabinet to review this law. Because if this principle is applied, what about other people’s land that was acquired in the past?

“Since independence or even before independence, land was taken for government purposes and later, handed over to the private sector,” he told the media after attending the launch of the guidelines on the management and governance of federal statutory bodies.

In one of the longest-running civil land disputes since Merdeka, High Court judge Ahmad Shahrir Mohd Salleh granted Semantan Estate’s application to enforce an order the company had obtained in 2009.

Shahrir also ordered the government to pay costs amounting to RM50,000.

He also ruled that the land transfer must be completed within three months without any encumbrances and liabilities and Semantan Estate must be registered as the owner of the land.

This does not include the liquidator’s application for mesne profits claimed by the plaintiff, which are still pending.

Mesne profits are rents or profits accrued by a trespasser while occupying a property or land, which must be paid to the owner as compensation for the action taken.

‘FT, Selangor, Penang may be affected’

Elaborating, Anwar noted that the parties involved had mediated for three months before the ruling but couldn’t reach an agreement.

Anwar also said the government would also assess the court ruling's implications as it could affect thousands of hectares of land.

“The implications are very serious. Thousands of hectares of land in the Federal Territories, Selangor, and Penang were taken up by the private sector for agricultural purposes is later converted to industrial or commercial use.

“While we respect the court’s decision, we will have to review it. I think the cabinet will deliberate on it next week,” he added.

Govt files appeal against Semantan Estate land transfer order

Govt ordered to return 107ha ‘Duta Enclave’ land: Report