KUALA LUMPUR: The government on Thursday (Sept 12) succeeded in its application to stay the High Court's decision ordering it to transfer ownership of 263.272 acres (106.542 hectares) of land in Mukim Batu here to Semantan Estate Sdn Bhd (SESB) pending the disposal of the government’s appeal at the Court of Appeal.
High Court Judge Datuk Ahmad Shahrir Mohd Salleh in allowing the application ruled that there are special circumstances for the court to grant the stay.
According to the judge, the 263.272 acres of land, commonly accepted as the ‘Duta enclave’ has silently witnessed the construction of a number of government complexes, sports facilities, and a few other landmarks.
He said these buildings and facilities presently accommodate a considerable number of personnel and human resources, along with various types of public assets, not to mention valuable and delicate historical records, in the case of the National Archives.
"If stay application is not granted and the claimants remain immediately at liberty to act on the judgment, there would be immense irreversible consequences. Therefore, the stay application must be granted pending the determination of the appeal.
"As such, I allow the stay application with no order as to costs,” he said adding that it will not prejudice Semantan Estate if the application for stay is allowed.
On Aug 8, the government filed an appeal against the High Court's decision ordering the transfer of the land to Semantan Estate.
The disputed land, located in the prime area of Jalan Duta, 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, the Malaysian Anti-Corruption Commission Academy and the Federal Territory Mosque.
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.
He also 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, which had been unlawfully acquired by the government, thus constituting trespass on the land.
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 once again dismissed the government’s application to review its previous decision.
Semantan Estate initiated a lawsuit against the Federal Territory Land Registrar in February 2017 to enforce the 2009 High Court judgment.
The government has also proposed a resolution regarding the land dispute.
When met after proceedings, senior federal counsel Shamsul Bolhassan, representing the government told reporters that the government's appeal will be heard on Sept 19 at the Court of Appeal. - Bernama
