News about Semantan Estate

At the same time, the three-member bench, led by Datuk Lee Swee Seng, will also deliver its decision on a cross-appeal by Semantan Estate over an earlier High Court decision in 2021, to not allow the transfer of the land to the company, owing to the presence of the government buildings there.

Senior Federal Counsel (SFC) Shamsul Bolhassan told a three-member bench led by Datuk Lee Swee Seng that this in accordance with Section 29(1)(b) of the Government Proceedings Act 1956 (GPA).

At the last Nov 7 sitting, Court of Appeal judge Datuk Lee Swee Seng had asked both parties to look into settling the long dispute, and, should there be none, the hearing is to proceed on Feb 20 and 21.

Following the long-standing pre-Merdeka land dispute case, a three-member Court of Appeal (COA) bench hearing two separate appeals by Semantan Estate and one appeal by the government over having to transfer the land to the company free of encumbrances, as ruled by the High Court on Aug 7, now wants both parties to submit further on Feb 20 and 21 next year on three issues.

Hence, a three-member COA bench is set to hear the appeals in the historically long-standing land dispute on Thursday — with two appeals on Semantan Estate’s side and one by the FT Land Registrar — which could affect the outcome of the 263.

Anwar also dismissed suggestions for excessive compensation to resolve the dispute, warning of potentially serious implications for the country.

In the written grounds of his August judgement released on Wednesday, Datuk Ahmad Shahrir Mohd Salleh said it is essential to recognise the incontrovertible fact established in the 2009 High Court judgement that the original acquisition of the land was improperly executed by the government.

Judge Datuk Lee Swee Seng, who led the three-member bench, fixed Nov 7 as the hearing date for both appeals, as both parties agreed that it would proceed without grounds to High Court judge Datuk Ahmad Shahrir Mohd Salleh’s decision on Aug 7, which contains the order for the registration of the transfer.

Negotiations have been ongoing and “actively progressing”, senior federal counsel Shamsul Bolhassan told a three-member Court of Appeal bench led by judge Datuk Lee Swee Seng, following a court order last month to transfer the land to the liquidators of Semantan Estate (1952) Sdn Bhd.

There are special circumstances due to the presence of government agencies and buildings including the National Archives that hold the country’s historic records, judge Datuk Ahmad Shahrir Mohd Salleh said.