News about 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.

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.