Federal Court Rejects Semantan Estate’s Leave To Appeal Land Dispute

Kuala lumpur: 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.

According to BERNAMA News Agency, the dismissal means that the Court of Appeal's ruling in favor of the government remains, preventing the company from proceeding with its appeal to the Federal Court due to its failure to obtain leave. In civil cases, litigants must first obtain approval before they can appeal to the Federal Court.

On June 24, the Court of Appeal ruled that Semantan Estate is not entitled to the land title. However, it was determined that Semantan Estate is entitled to adequate compensation, which will be assessed based on the land's value in 1956, when the government initially took possession of the land.

Today, a three-member bench of the Federal Court, led by the Chief Judge of Malaya, Tan Sri Hasnah Mohammed Hashim, along with Federal Court judge Datuk Hanipah Farikullah and Court of Appeal judge Datuk Che Mohd Ruzima Ghazali, ruled that the company had failed to meet the threshold requirement under Section 96 (a) and (b) of the Courts of Judicature Act 1964. The court dismissed the application for leave without costs.

Justice Hasnah then scheduled Nov 17 for case management before High Court judge Roslan Mat Nor, who will set an early hearing date for the compensation assessment.

The disputed land, situated in the prime Jalan Duta area and known as the Duta Enclave, houses several government buildings, including the National Hockey Stadium, the Malaysian Institute of Integrity, the National Archives, the Kuala Lumpur Syariah Court, the Inland Revenue Board building, and the Malaysian Anti-Corruption Commission Academy.