Govt files appeal against ‘Duta enclave’ land transfer order

 

The notice of appeal was filed late this evening through online submission by the Attorney-General’s Chambers.

KUALA LUMPUR: 

The government has filed an appeal against the High Court’s order on the transfer of 106ha of land in Batu, Kuala Lumpur, to Semantan Estate Sdn Bhd.

The disputed land, located in the prime Jalan Duta area known as the 

Duta enclave

, houses government buildings that include the National Archives, the KL shariah court, the Malaysian Anti-Corruption Commission Academy and the Inland Revenue Board building.

Senior federal counsel Shamsul Bolhassan confirmed that the notice of appeal was filed late this evening through online submission by the Attorney-General’s Chambers on behalf of the appellant, the Kuala Lumpur land registrar.

He also said a copy of the notice had been emailed to the legal representatives of Semantan Estate.

Yesterday, High Court judge Ahmad Shahrir Salleh ordered the government to transfer the land to Semantan Estate after allowing the company’s originating summons against the Kuala Lumpur land registrar.

The court also dismissed the government’s application for a stay of execution pending its proposed settlement of the land dispute.

Shahrir ordered the Kuala Lumpur land registrar to fulfil the required conditions within three months from yesterday and also instructed the government to pay costs of RM50,000.

The judge also directed the defendant to officially register Semantan Estate as the proprietor of the land, finalise all transfer documentation and issue the land ownership documents in the plaintiff’s name, free from any encumbrances or liabilities.

In 2003, Semantan Estate filed a lawsuit against the government, alleging encroachment following an unauthorised land seizure.

In 2009, judicial commissioner Zura Yahya ruled that Semantan Estate had retained its beneficial interest in the 263.27 acres (106ha) of land, which had been unlawfully possessed by the government and subjected to trespass.

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 Kuala Lumpur land registrar in February 2017 to enforce the 2009 High Court judgment.

The government has also proposed a settlement regarding the land dispute. - FMT