Malaysia

High Court instructs govt to transfer land  back to Semantan Estate liquidators

Judge orders Putrajaya to pay costs of RM50,000.

Updated 2 years ago · Published on 07 Aug 2024 2:57PM

High Court instructs govt to transfer land  back to Semantan Estate liquidators
The Kuala Lumpur High Court orders the government to carry out the terms sought by the liquidator of Semantan Estate within three months from today. – The Vibes file pic, August 7, 2024.

THE Kuala Lumpur High Court today granted the application by the liquidator of Semantan Estate (1952) Sdn Bhd to have the 263.27-acre "Duta enclave" land in Mukim Batu transferred back to the company, The Edge reported.

High Court judge Datuk Ahmad Shahrir Mohd Salleh allowed Semantan Estate’s application, giving effect to the order the company had obtained since 2009.

The decision was made after the court dismissed the government’s application for an adjournment of Tuesday’s hearing pending a proposed settlement by the government on the issue.

“The court orders the defendants to carry out the terms sought within three months from today,” Shahrir said.

Shahrir ordered the government to pay costs of RM50,000.

The Duta enclave houses several government complexes and facilities such as the Inland Revenue Board, the Malaysian Anti-Corruption Commission Academy, the Kuala Lumpur Syariah Court, and the National Archives.

In 2009, High Court judicial commissioner Zura Yahya ruled that the liquidator of Semantan Estate is the beneficial owner of the 263.27-acre land and that the government had unlawfully possessed and trespassed on the land.

The Court of Appeal and the Federal Court in 2013 upheld the High Court’s decision. The apex court also dismissed the government’s review application in November 2018.

In allowing the application, Shahrir stated, “An order for the government and its agency to have the liquidator of Semantan Estate registered as the proprietor of the land that is free of encumbrances, execution of the instruments of the land transfer, issue and cause to be issued of the land title to the plaintiff, the returning and handling of the possession of land to the plaintiff as the lawful proprietor.”

The company had named the Registrar of the Federal Territory of Kuala Lumpur Land as the defendant. – August 7, 2024.

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