Kuala lumpur: The Federal Court has scheduled November 13 to decide on Semantan Estate (1952) Sdn Bhd's application for leave to appeal against the Court of Appeal's ruling. This ruling stated that the Federal Land Registrar is not required to register the 263.272-acre Duta Enclave land in the company's name.
According to BERNAMA News Agency, a three-member bench chaired by Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim announced the need for additional deliberation time, with a decision to be delivered next Thursday, November 13. The panel, which included Federal Court judge Datuk Hanipah Farikullah and Court of Appeal judge Datuk Che Mohd Ruzima Ghazali, heard arguments from Semantan Estate's counsel, Datuk Dr. Cyrus V. Das, Ira Biswas, as well as Senior Federal Counsel Shamsul Bolhassan for the government. Additionally, lawyer Datuk Malik Imtiaz Sarwar represented the Malaysian Bar as amicus curiae.
Cyrus V. Das urged the court to grant leave for an appeal against the June 24, 2025 decision, which determined that while Semantan Estate is not entitled to the land title, it is entitled to compensation based on the 1956 land value. He highlighted 26 constitutional questions regarding property rights and the rule of law that need resolution by the Federal Court. Ira Biswas emphasized the company's pursuit for the land title transfer, land return, and compensation for trespassing and mesne profit.
Representing the government and several land and title authorities, Shamsul argued against granting leave, citing the company's failure to meet requirements under Section 96 (a) and 96 (b) of the Courts of Judicature Act 1964. He stated that the 2009 High Court order recognized Semantan Estate's entitlement in principle but did not mandate land transfer to the company.
In civil cases, parties must obtain leave to appeal in the Federal Court. The Court of Appeal's June 24, 2025 decision reduced the compensation sum by RM1.325 million, paid by the government in 1956, and confirmed the company's entitlement to mesne profits, to be assessed by the High Court. Additionally, the Court of Appeal instructed both parties to engage valuation experts for the land within 90 days from the judgment date.
The disputed Duta Enclave land, located in a prime area, currently hosts several government buildings. Semantan Estate's legal battle initiated in 2003, claiming unlawful land acquisition by the government. The 2009 High Court ruling favored Semantan Estate, but subsequent government appeals were unsuccessful. In 2017, the company sued the Federal Land Registrar to enforce the 2009 judgment. The High Court's 2022 order for land transfer was overturned by the Court of Appeal. The Federal Court granted a stay of this decision on August 28, pending the leave to appeal outcome.