SHAH ALAM - The Federal Court today dismissed Semantan Estate (1952) Sdn Bhd's application for leave to appeal the Court of Appeal's decision, which held that the Federal Land Registrar is not required to transfer the title of the 263.272-acre Duta Enclave land to the company.
As a result, the Court of Appeal's ruling in favour of the government stands, as the company is unable to proceed with its appeal to the Federal Court due to its failure to obtain leave.
Under the law, litigants in civil cases must first obtain leave before they can proceed with an appeal to the Federal Court.
Below are the chronology of the case:
Semantan Estate (1952) Sdn Bhd owned 283.28 hectares of land in Kuala Lumpur.
1956
The company received a government notice regarding the acquisition of 106.542 hectares of its land for RM1.325 million.
They claimed that the government had taken another 24.281 hectares in the same year without conducting any inquiry or providing compensation.
1970s
The government stated that the land acquisition (known as Jalan Duta) was intended for development.
However, government buildings such as the Inland Revenue Board, the International Trade and Industry Ministry and the National Archives were constructed in 1982.
1982
The company was dissolved.
2003
Semantan Estate filed an originating summons seeking the return of the land and/or compensation, alleging that the land had been unlawfully acquired.
2009
Kuala Lumpur High Court Judicial Commissioner Zura Yahya ruled that the government had trespassed on the land and that Semantan Estate retained beneficial ownership of the property.
May 18, 2012
The Court of Appeal dismissed the government’s application to appeal against the 2009 High Court decision.
November 21, 2012
The Federal Court in Putrajaya rejected the government’s request for leave to appeal against the High Court ruling.
February 2017
The company filed an originating summons against the Federal Territory Land Registrar to enforce the 2009 High Court decision.
2017
The government proposed a settlement to resolve the land dispute.
2018
The Federal Court once again dismissed the government’s application to review its earlier decision.
August 7, 2024
Kuala Lumpur High Court Judge, Datuk Ahmad Shahrir Mohd Salleh, ordered the ownership of the land to be transferred to Semantan Estate.
• The court also ordered the liquidator of Semantan Estate to be registered as the official owner of the land, free from all encumbrances and to complete all legal documentation necessary for the transfer of ownership and the return of physical possession to the rightful owner.
June 24
A three-judge panel of the Court of Appeal in Putrajaya set aside the 2024 High Court ruling, deciding that the land need not be transferred to Semantan Estate, thereby remaining under government ownership.
• The government was ordered to pay compensation based on the market value as of Dec 3, 1956, with six per cent annual interest until full payment is made.
July 21
Semantan Estate filed a motion at the Federal Court with 26 legal questions as the basis for its appeal against the Court of Appeal’s decision.
Aug 29
Semantan Estate obtained a stay order against the Court of Appeal’s June 24 decision pending its leave application to appeal at the Federal Court.
Nov 13
A three-judge panel of the Federal Court dismissed the company’s application for leave to appeal against the Court of Appeal’s decision made in June.