News about Semantan Estate

For mesne profits—compensation for loss of use of property—Semantan Estate values the damages at RM5 billion to RM12 billion, while government valuers have estimated it at RM290 million.

Liquidator Dr Jim Lai Chee Chuen, when met at the sidelines of the decision with counsel Datuk Dr Cyrus Das, Ira Biswas and Alexie Ng Ying Ching, said the 26 questions of law posed by the company are constitutionally important and should have been heard.

The court ruled the 26 questions of law posed by the company failed to meet the threshold for the merits of the appeal to be heard, according to Chief Judge of Malaya (CJM) Tan Sri Hasnah Mohammed Hashim.

Speaking on behalf of Semantan Estate (1052) Sdn Bhd during court proceedings on Thursday, senior counsel Datuk Dr Cyrus Das said the court must decide whether it can "regularise" an acquisition irregularity that has been declared illegal by the High Court, Court of Appeal (COA) and the Federal Court.

The company is appealing against a Court of Appeal ruling in June that overturned a High Court order to register the 263-acre Duta Enclave to Semantan Estate.

Semantan Estate, which has gone under voluntary liquidation, is seeking a stay of the appellate court’s June 24 decision, which specified that the High Court is to assess the compensation to be paid by the government over the illegal acquisition of land, based on the 1956 market rate with 6% annual interest until payment.

One of the questions is: As the court had ruled the government had taken the land unlawfully and the landowner is entitled to possession of the land, does Article 13 permit the government to keep the land  by the payment of compensation? PUTRAJAYA (July 22): Semantan Estate (1952) Sdn Bhd, the company embroiled in the long-standing ‘Duta enclave’ dispute, has posed 26 questions of law to the Federal Court, as it seeks the court's leave to appeal the Court of Appeal's decision in the case.

Biswas said Tuesday’s Court of Appeal decision does not follow the 2009 High Court decision that was upheld by the Court of Appeal and Federal Court—namely that the company "retains beneficial ownership of the land".

The sum of compensation decided by the High Court will have to be deducted by RM1.

Government valuer Halimatul Saeidah Abd Ghani, 49, said the private valuer had not shown proof that he had failed to obtain permission to inspect or measure the government buildings on the 263.