SEMANTAN ESTATE'S BID FOR EXTENSION OF TIME DISMISSED, APRIL 3 HEARING ON QUANTUM OF DAMAGES

KUALA LUMPUR, Jan  20 (Bernama) -- The High Court here today dismissed an application by Semantan Estate (1952) Sdn Bhd for an extension of time to prepare an appraisal report prior to the hearing on the quantum of damages payable by the government in relation to the ownership of land known as the Duta Enclave.

Judge Roslan Mat Nor made the ruling after considering the lengthy history of the case, which dates back to 1956.

He said the court had taken into account the submission by Semantan Estate that additional documents were required to prepare a more comprehensive appraisal report for a proper valuation assessment.

“The court also took into account the objection raised by counsel for the defendant, who argued that the last-minute application for an extension was inappropriate, as it would result in a higher interest payment to be borne by the government, despite the delay not being attributable to the defendant.

“In the interest of justice to both parties, and taking into account the prolonged history of this case due to numerous legal processes, the court finds that the matter can no longer be postponed as it would only lead to further delay,” Judge Roslan said during the case management today.

The judge then maintained the hearing dates, April 3, 10 and 30, which were previously set.

Earlier, lawyer Janet Chai Pei Wing, representing Semantan Estate, submitted that the documents needed would show the access to the roads and infrastructure that would help to determine the factors to be assessed under the Land Acquisition Act 1960. 

"The document in question pertains to matters that existed about 70 years ago and are not readily available, and we would have to seek the help from government agencies to provide us with those documents. 

"What we are asking for is a mechanism, a reasonable timeline, bearing in mind that the plaintiff is a private entity without any access or control over the documents," she said, adding that this was not an attempt to delay the proceeding.

Senior Federal Counsel Nuur Zul Izzati Zulkipli, representing the government, objected to the application on the grounds that the last-minute action was inappropriate because a longer period would result in a larger amount of interest payments having to be paid by the government.

Last Nov 13, the Federal Court dismissed Semantan Estate’s application for leave to appeal the Court of Appeal’s decision, which held that the Federal Land Registrar is not required to transfer the title of the 263.272-acre Duta Enclave to the company.

Accordingly, the Court of Appeal's decision in favour of the government remains in force because the company involved cannot continue its appeal in the Federal Court due to its failure to obtain leave.

The case was then remitted to the High Court here for assessment of damages.

On June 24 last year, the Court of Appeal ruled that Semantan Estate is not entitled to the land title. However, the court held that Semantan Estate is entitled to adequate compensation, to be assessed based on the land’s value in 1956, when the government took possession of the land.

The disputed land, located in the prime Jalan Duta area and known as the Duta Enclave, houses several 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.

The Semantan Estate’s legal battle began in 2003, when it sued the government, claiming that the land had been unlawfully acquired.

In 2009, Judicial Commissioner Zura Yahya ruled in favour of Semantan Estate, determining that the government had unlawfully acquired the land and that the company held a beneficial interest in it.

The government’s subsequent appeals to the Court of Appeal and Federal Court were unsuccessful.

In Feb 2017, Semantan Estate filed a lawsuit against the Federal Land Registrar to enforce the 2009 High Court judgment.

In August 2024, the High Court ordered the Federal Land Registrar to effect the transfer of the land within three months of the court order. This order was overturned by the Court of Appeal.

-- BERNAMA