Duta Enclave compensation: Semantan Estate's bid for land documents rejected

KUALA LUMPUR - Semantan Estate (1952) Sdn Bhd today failed in its bid to obtain key historical land acquisition documents needed to determine compensation over the disputed Duta Enclave land.

High Court judge Roslan Mat Nor dismissed the application, which sought documents including revenue survey sheets and land acquisition plans.

The judge said the defendant (the government) had stated in affidavits that the requested documents were not within its possession or control.

However, he noted that other documents held by the authorities had been agreed for disclosure.

Roslan said the court also reviewed affidavits from agencies, including the Federal Territories Land and Mines Office, the Department of Survey and Mapping, the National Archives, and Kuala Lumpur City Hall, all of which confirmed that the requested documents were not in their records.

"As such, the application for discovery is dismissed, with no order as to costs,” he said, fixing 10 April for case management.

The plaintiff had sought the documents to support its expert valuation report in determining fair compensation.

Earlier, senior federal counsel Azza Azmi opposed the application, arguing the documents were not relevant and not in the custody of the agencies involved.

Meanwhile, lawyer Janet Chai Pei Wing, representing Semantan Estate, said the documents could assist the court in deciding the amount for compensation.

She said that, as the federal government, the defendant should have access to the documents.

On Nov 13 last year, the Federal Court rejected Semantan Estate’s bid for leave to appeal against an earlier ruling that the Federal Territory Land Registrar was not required to register 263.272 acres of Duta Enclave land under the company’s name.

The Court of Appeal had ruled on June 24, 2025, that the company was not entitled to ownership of the land but was eligible for compensation based on its value in 1956, when it was acquired by the government.

The disputed land, located along Jalan Duta, houses several key government institutions, including the National Hockey Stadium, the National Institute of Integrity, the National Archives, the Kuala Lumpur Syariah Court, the Inland Revenue Board and the Malaysian Anti-Corruption Commission Academy.

The dispute dates back to 2003, when the company sued the government, alleging unlawful acquisition of the land.

In 2009, the High Court ruled in favour of Semantan Estate, finding that the government had taken the land unlawfully and that the company held a beneficial interest.

Subsequent appeals by the government were unsuccessful, and in February 2017, the company filed a suit to enforce the 2009 judgment.

A High Court order in August 2024 directing the transfer of land title was later overturned by the Court of Appeal, leading to the current compensation assessment proceedings. - BERNAMA