Latest news with #SemantanEstate
Sinar Daily
19 hours ago
- Business
- Sinar Daily
Government succeeds in overturning order to transfer Duta enclave land title to Semantan Estate
Justice Lee, held that the 2009 High Court decision, did not order the Government of Malaysia to transfer the subject land back to Semantan Estate. 24 Jun 2025 03:20pm Justice Lee, who delivered the court's unanimous decision, however, ruled that Semantan Estate is entitled to adequate compensation, to be assessed based on the land value in 1956, the time the government took possession of the land. - Bernama file photo PUTRAJAYA - The Federal Territory of Kuala Lumpur Land Registrar succeeded in its appeal to overturn the High Court's ruling that had ordered it to transfer the title of the 263.272-acre "Duta enclave' land in Kuala Lumpur back to Semantan Estate (1952) Sdn Bhd. A three-member bench consisting Federal Court judge Datuk Lee Swee Seng and Court of Appeal judges Datuk Azimah Omar and Datuk Wan Ahmad Farid Wan Salleh had allowed the Federal Territory of Kuala Lumpur Land Registrar's appeal to set aside the High Court's decision. Justice Lee, held that the 2009 High Court decision, did not order the Government of Malaysia to transfer the subject land back to Semantan Estate. "As such, there was no order to execute. In the absence of an order for the transfer of the land back to Semantan Estate, an order for declaration cannot be executed, as it is only declarative of the rights of parties. He said a declaratory order merely affirms the legal rights of parties involved and it does not carry with it the power of enforcement, such as specific performance, adding that such orders are non-executable by nature. Justice Lee, who delivered the court's unanimous decision, however, ruled that Semantan Estate is entitled to adequate compensation, to be assessed based on the land value in 1956, the time the government took possession of the land. The company, he said, is also entitled to mesne profits for the land, which will continue to accrue until the government fully settles the compensation. The amount of mesne profits, to be assessed by the High Court, shall no longer be payable once full payment of compensation has been made. He also directed parties to file their expert valuation report on the market value of the subject land as at December 3, 1956, within 90 days from today. Justice Lee said two payments made by the government - RM1.321 million on December 21, 1956, and another RM79, 241 on February 3, 1959 - would be deducted from the amount of compensation to be assessed. He also awarded interest of six per annum to the company from December 3, 1956 to the date of payment upon payment of the compensation as assessed. The disputed land, located in the prime Jalan Duta area known as the Duta Enclave, houses government buildings that include the national hockey stadium, Malaysian Institute of Integrity, national archives, Kuala Lumpur Syariah Court, the Inland Revenue Board building and the Malaysian Anti-Corruption Commission Academy. Semantan Estate's legal battle began in 2003 when it sued the government, claiming the land was unlawfully acquired. In 2009, Judicial Commissioner Zura Yahya ruled in favour of Semantan Estate that the government had unlawfully acquired the land. The government's subsequent appeals at the Court of Appeal and Federal Court were unsuccessful. In February 2017, Semantan Estate initiated a lawsuit against the Kuala Lumpur Land Registrar to enforce the 2009 High Court judgment. - BERNAMA
Sinar Daily
19 hours ago
- Business
- Sinar Daily
Govt succeeds in overturning order to transfer Duta Enclave land title to Semantan Estate
He also directed parties to file their expert valuation report on the market value of the subject land as at December 3, 1956, within 90 days from today. 24 Jun 2025 01:53pm The Federal Territory of Kuala Lumpur Land Registrar succeeded in its appeal to overturn the High Court's ruling that had ordered it to transfer the title of the 263.272-acre "Duta enclave' land in Kuala Lumpur back to Semantan Estate (1952) Sdn Bhd. Photo - 123RF PUTRAJAYA - The Federal Territory of Kuala Lumpur Land Registrar succeeded in its appeal to overturn the High Court's ruling that had ordered it to transfer the title of the 263.272-acre "Duta enclave' land in Kuala Lumpur back to Semantan Estate (1952) Sdn Bhd. A three-member bench consisting Federal Court judge Datuk Lee Swee Seng and Court of Appeal judges Datuk Azimah Omar and Datuk Wan Ahmad Farid Wan Salleh had allowed the Federal Territory of Kuala Lumpur Land Registrar's appeal to set aside the High Court's decision. Justice Lee, held that the 2009 High Court decision, did not order the Government of Malaysia to transfer the subject land back to Semantan Estate. "As such, there was no order to execute. In the absence of an order for the transfer of the land back to Semantan Estate, an order for declaration cannot be executed, as it is only declarative of the rights of parties. He said a declaratory order merely affirms the legal rights of parties involved and it does not carry with it the power of enforcement, such as specific performance, adding that such orders are non-executable by nature. Justice Lee, who delivered the court's unanimous decision, however, ruled that Semantan Estate is entitled to adequate compensation, to be assessed from the year 1956, the time the government took possession of the land. Semantan Estate's legal battle began in 2003 when it sued the government, claiming the land was unlawfully acquired. Photo - Canva The company, he said, is also entitled to mesne profits for the land, which will continue to accrue until the government fully settles the compensation. The amount of mesne profits, to be assessed by the High Court, shall no longer be payable once full payment of compensation has been made. He also directed parties to file their expert valuation report on the market value of the subject land as at December 3, 1956, within 90 days from today. Justice Lee said two payments made by the government - RM1.321 million on December 21, 1956, and another RM79, 241 on February 3, 1959 - would be deducted from the amount of compensation to be assessed. He also awarded interest of six per annum to the company from December 3, 1956 to the date of payment upon payment of the compensation as assessed. The disputed land, located in the prime Jalan Duta area known as the Duta Enclave, houses government buildings that include the national hockey stadium, Malaysian Institute of Integrity, national archives, Kuala Lumpur Syariah Court, the Inland Revenue Board building and the Malaysian Anti-Corruption Commission Academy. Semantan Estate's legal battle began in 2003 when it sued the government, claiming the land was unlawfully acquired. In 2009, Judicial Commissioner Zura Yahya ruled in favour of Semantan Estate that the government had unlawfully acquired the land. The government's subsequent appeals at the Court of Appeal and Federal Court were unsuccessful. In February 2017, Semantan Estate initiated a lawsuit against the Kuala Lumpur Land Registrar to enforce the 2009 High Court judgment. - BERNAMA
Barnama
a day ago
- Business
- Barnama
Govt Succeeds In Overturning Order To Transfer Duta Enclave Land Title To Semantan Estate
PUTRAJAYA, June 24 (Bernama) -- The Federal Territory of Kuala Lumpur Land Registrar succeeded in its appeal to overturn the High Court's ruling that had ordered it to transfer the title of the 263.272-acre 'Duta enclave' land in Kuala Lumpur back to Semantan Estate (1952) Sdn Bhd. A three-member bench consisting Federal Court judge Datuk Lee Swee Seng and Court of Appeal judges Datuk Azimah Omar and Datuk Wan Ahmad Farid Wan Salleh had allowed the Federal Territory of Kuala Lumpur Land Registrar's appeal to set aside the High Court's decision. Justice Lee, held that the 2009 High Court decision, did not order the Government of Malaysia to transfer the subject land back to Semantan Estate. 'As such, there was no order to execute. In the absence of an order for the transfer of the land back to Semantan Estate, an order for declaration cannot be executed, as it is only declarative of the rights of parties. He said a declaratory order merely affirms the legal rights of parties involved and it does not carry with it the power of enforcement, such as specific performance, adding that such orders are non-executable by nature. Justice Lee, who delivered the court's unanimous decision, however, ruled that Semantan Estate is entitled to adequate compensation, to be assessed based on the land value in 1956, the time the government took possession of the land. The company, he said, is also entitled to mesne profits for the land, which will continue to accrue until the government fully settles the compensation. The amount of mesne profits, to be assessed by the High Court, shall no longer be payable once full payment of compensation has been made. He also directed parties to file their expert valuation report on the market value of the subject land as at December 3, 1956, within 90 days from today. Justice Lee said two payments made by the government - RM1.321 million on December 21, 1956, and another RM79, 241 on February 3, 1959 - would be deducted from the amount of compensation to be assessed.
Daily Express
a day ago
- Business
- Daily Express
Government ordered to compensate Semantan Estate over Duta land
Published on: Tuesday, June 24, 2025 Published on: Tue, Jun 24, 2025 By: V Anbalagan, FMT Text Size: The 106ha Duta Enclave houses the National Archives, the Kuala Lumpur shariah court, other government complexes, sports facilities, and various landmarks. (X pic) PUTRAJAYA: The Court of Appeal has ordered the government to compensate Semantan Estate Sdn Bhd for occupying a 106ha piece of land in Kuala Lumpur, known as the Duta Enclave, for close to 70 years. A three-member Court of Appeal bench chaired by Justice Lee Swee Seng said monetary compensation was a more apprproate remedy than allowing the authorities to transfer the land title to the company. 'The land in question houses several key government buildings. A transfer of title is not feasible,' Lee said in a unanimous ruling allowing the government's appeal. The government had said it was prepared to pay adequate compensation to the company for the property. Justices Azimah Omar and Wan Ahmad Farid Wan Salleh also heard the appeal. The bench then remitted the case to the High Court and ordered that an assessment of compensation be conducted within 90 days, with the assistance of experts. Advertisement The bench also dismissed Semantan Estate's cross-appeal for a mandamus to transfer the land to the company and compel the land authorities to register the land. The Court of Appeal also ordered Semantan Estate and the government to each bear their own costs. The appeals court also ordered the government to pay Semantan Estate damages in the form of mesne profits for its unlawful occupation of the property. The profits are to be calculated from Dec 3, 1956 until the date that the compensation sum is settled in full. A case management for the assessment of damages will be held at the High Court in Kuala Lumpur on June 30. The court was previously told that the property was now valued at RM12 billion. In an immediate reaction, lead counsel Cyrus Das, acting for Semantan Estate, told reporters he had instructions to appeal the decision to the Federal Court. 'We will be filing questions of law to obtain leave for the apex court to hear the appeal,' he said. Das said Semantan Estate would also seek a stay of all proceedings in the High Court, including the assessment of damages hearing. The senior lawyer said Semantan Estate would be seeking to enforce a 2009 High Court order, affirmed by the Federal Court in 2012, that the company remained the beneficial owner of the property. Last year, the High Court ordered the government to transfer the land to Semantan Estate after allowing the company's suit against the Kuala Lumpur land registrar. However, the government obtained a stay order pending the disposal of its appeal in the Court of Appeal, which was concluded today. The Duta Enclave has witnessed the construction of a number of government complexes and sports facilities, as well as several other landmarks. In 2009, the High Court ruled that the government had trespassed on the land and was in unlawful occupation of it following a botched acquisition. Then judicial commissioner Zura Yahya accordingly declared that Semantan Estate retained a beneficial interest in the subject land. The decision was upheld by the Federal Court three years later.
Malay Mail
a day ago
- Business
- Malay Mail
Court of Appeal orders govt to compensate firm for 50 years of Duta Enclave land use
PUTRAJAYA, June 24 — The Court of Appeal has ordered the government to compensate Semantan Estate Sdn Bhd for occupying a 106-hectare parcel of land in Kuala Lumpur, known as the Duta Enclave, for nearly five decades, according to Free Malaysia Today (FMT). A three-member bench chaired by Justice Lee Swee Seng ruled that monetary compensation was a more appropriate remedy than transferring the land title to the company, citing the presence of significant government buildings on the property. 'The land in question houses several key government buildings. A transfer of title is not feasible,' Lee said in a unanimous decision, as reported by FMT. The government had expressed its willingness to pay adequate compensation to the company for the property. Justices Azimah Omar and Wan Ahmad Farid Wan Salleh were also part of the panel hearing the appeal. The bench remitted the case to the High Court, directing an assessment of compensation to be conducted within 90 days with the assistance of experts. The Court of Appeal also dismissed Semantan Estate's cross-appeal for a mandamus to transfer the land title and compel the land authorities to register the land under the company's name. Both parties were ordered to bear their own costs. The report added that the decision underscores the government's obligation to compensate fairly while retaining the land for public use. MORE TO COME
