High Court orders govt to transfer ‘Duta enclave’ land to Semantan Estate liquidators in one of the longest-standing civil land disputes since Malaysia’s independence

KUALA LUMPUR, Aug 7 — The High Court on Tuesday granted the application by the liquidator of Semantan Estate (1952) Sdn Bhd to have the 263.27-acre “Duta enclave” land in Mukim Batu, home to several government complexes and facilities, be transferred back to the company.

The move is likely to stir controversy within the land industry in Kuala Lumpur and the government, The Edge reported today.

The land, known as the “Duta enclave”, is currently occupied by several government agencies, including the Inland Revenue Board, the Malaysian Anti-Corruption Commission Academy, and the National Archives.

High Court judge Datuk Ahmad Shahrir Mohd Salleh approved Semantan Estate’s request to enforce a 2009 order, marking a resolution in one of the longest-standing civil land disputes since Malaysia’s independence, the reported was quoted as saying.

In his decision, the judge was quoted as saying: “The court orders the defendants to carry out the terms sought within three months of today.”

He had earlier heard oral submissions from lawyers representing the liquidator and government representatives from the Attorney General’s Chambers, the report was quoted as saying.

This decision returned the 263.27-acre land to the liquidator after the court rejected the government’s request to postpone Tuesday’s hearing while it sought a settlement.

The court order grants the liquidator of Semantan Estate (1952) Sdn Bhd, the original owner of the land, three months to take possession.

The government has also been ordered to pay costs of RM50,000.

This long-standing legal battle has its roots in a 1956 government acquisition of the land which was to be transformed into the “Duta enclave”.

However, in a series of court rulings since 2009, the government’s claim to ownership has been consistently rejected.

In 2009, a High Court judge determined that the liquidator of Semantan Estate, rather than the government, was the rightful owner of the 263.27-acre land. The court also ruled that the government had taken unlawful possession of and trespassed on the land.

The government has faced repeated legal defeats, with the Federal Court upholding the High Court’s decision in 2013 and dismissing a subsequent review application in 2018, the report was quoted as saying.

The “Duta enclave” is home to several government offices, including the Tun Razak Hockey Stadium, the Malaysian Institute of Integrity, the National Archives, the Kuala Lumpur Syariah Court, the Inland Revenue Board building, the Malaysian Anti-Corruption Commission Academy, and possibly parts of the Federal Territory Mosque.

The court’s decision on Tuesday ordered the transfer of the 263.72-acre land within three months, free from any debts or claims from today. However, the liquidator’s request for mesne profit damages (damages awarded to a landowner for the unlawful occupation of their land by another person) for the period of unlawful occupation is still under consideration and not part of this current ruling.

In allowing the application, Ahmad Shahrir also instructed the government to:

Semantan Estate had filed the suit against the Registrar of the Federal Territory of Kuala Lumpur Land.