PUTRAJAYA: The Court of Appeal has directed parties in the dispute involving a 106ha tract of land known as Duta Enclave in Kuala Lumpur to submit on the compensation that should be paid, which is expected to run into billions.
A three-judge panel chaired by Court of Appeal judge Justice Lee Swee Seng issued the instructions after hearing lengthy submissions from lawyers representing the Semantan Estate (1952) Sdn Bhd and senior federal counsels representing the Federal Territory of Kuala Lumpur Land Registrar here yesterday.
Other judges on the bench were Court of Appeal judge Justice Azimah Omar and High Court judge Justice Wan Ahmad Farid Wan Salleh.
The panel asked the parties to make submissions on whether the calculation of the compensation should be based on current market value or from the date the land was acquired, which was in 1956.
As the matter of compensation was raised in open court, a man who sat at the public gallery, believed to be a representative of the Semantan Estate liquidator, told the court that the current market price for the land was RM12bil.
“The government proposed RM5bil (in compensation) but the current market value is RM12bil,” he said.
The appellate court fixed Feb 20 next year for the continued hearing on the appeal.
Before adjourning the matter, Justice Lee told parties that negotiations are the way to go.
“That is the best, really,” he said.In yesterday’s proceedings, the panel heard submissions on an appeal by the government against the decision by the Kuala Lumpur High Court that allowed an originating summons by Semantan Estate against the Land Registrar.
On Aug 7, Justice Ahmad Shahrir Mohd Salleh ordered the government to transfer the land to Semantan Estate after allowing the company’s originating summons.
The court also ordered the Land Registrar to fulfil the required conditions within three months and instructed the government to pay RM50,000 in costs.
The same court, however, allowed a stay of execution on the transfer of ownership on Sept 12, pending an appeal by the government.
Meanwhile, Semantan Estate was appealing a decision of the Kuala Lumpur High Court on Oct 27, 2021, that dismissed the judicial review for Semantan Estate’s bid to gain possession of the land.
The company was also appealing for the transfer of ownership to be enforced as per the directions of the High Court.
Lawyer Datuk Cyrus Das appeared for Semantan Estate while senior federal counsels Shamsul Bolhassan, Liew Horng Bin and Ahmad Hanir Hambaly appeared for the government.
