Govt ordered to return 107ha ‘Duta Enclave’ land: Report

 

The Kuala Lumpur High Court today ordered the government to return nearly 107 hectares of land around Jalan Tuanku Abdul Halim, formerly known as Jalan Duta, to the original owner Semantan Estate (1952) Sdn Bhd.

The Edge reported that Judge Ahmad Shahrir Mohd Salleh granted Semantan Estate’s application to enforce an order the company had obtained in 2009.

This is one of the longest-running civil land disputes since Merdeka, following the court’s rejection of the government’s application for a temporary suspension pending a proposed resolution by the government on the matter.

The land, known as “Duta Enclave”, includes part of the Federal Territory Mosque, the Jalan Duta Government Complex, the Jalan Duta Hockey Stadium, and the Malaysian Institute of Integrity.

Ahmad Shahrir also ordered the government to pay costs amounting to RM50,000.

Previously, the court also rejected an application by the government, represented by senior federal counsel Mohammad Al-Saifi Hashim and Shamsul Bolhassan, to stay the proceedings for three months to allow discussions on land compensation to be finalised.

Today’s decision also ruled that the land transfer must be completed within three months without any encumbrances and liabilities, and Semantan Estate must be registered as the owner of the land.

This does not include the liquidator’s application for mesne profits claimed by the plaintiff, which are still pending.

Mesne profits are rents or profits accrued by a trespasser while occupying a property or land, which must be paid to the owner as compensation for the action taken.

According to The Edge, Semantan Estate was founded by Eng Lian Group and Ng Chin Siu & Sons Rubber Estates - the vehicles of two prominent land-owning families.

Eng Lian Group is known as the developer of Bangsar, Kuala Lumpur in the 1970s. They also developed the Bangsar Village shopping centre.

Ng Chin Siu & Sons, on the other hand, is not involved in recent development projects. However, they are known for the development of Desa Hartamas and Mont Kiara, Kuala Lumpur.

According to the report, the government acquired the land in 1956 for RM1.32 million under the then-Land Acquisition Enactment to develop a diplomatic quarter, but in 2009, the High Court ruled that the government had trespassed on the land. - Mkini