The Court of Appeal has deferred its verdict on the government’s appeal against a High Court ruling regarding the transfer of ownership of 263.272 acres (106.542 hectares) of the Duta Enclave land to Semantan Estate Sdn Bhd.
A three-member bench on Thursday (Feb 20) also deferred their decision on Semantan Estate’s appeals against a High Court’s dismissal of its application for judicial review to re-acquire the land, as well as the stay order.
Read more at https://tinyurl.com/56wrsh8y
WATCH MORE: https://thestartv.com/c/news
SUBSCRIBE: https://cutt.ly/TheStar
LIKE: https://fb.com/TheStarOnline
A three-member bench on Thursday (Feb 20) also deferred their decision on Semantan Estate’s appeals against a High Court’s dismissal of its application for judicial review to re-acquire the land, as well as the stay order.
Read more at https://tinyurl.com/56wrsh8y
WATCH MORE: https://thestartv.com/c/news
SUBSCRIBE: https://cutt.ly/TheStar
LIKE: https://fb.com/TheStarOnline
Category
🗞
NewsTranscript
00:00The Court of Appeal has postponed its decision on the government's appeal against a High
00:06Court ruling ordering the transfer of 263.27 acres, or more than 106,000 hectares, of Duta
00:14Enclave land to Semantan Estate, Sendirian Berhad.
00:18A three-judge panel, Datuk Lee Swee Seng, Datuk Azima Omar, and Datuk Wan Ahmad Farid
00:24Wan Saleh also deferred its ruling on Semantan Estate's appeals against a judicial review
00:30dismissal and a stay order.
00:33Justice Lee said parties to the appeal would be notified on the new date.
00:37During proceedings, Government Counsel Shamsul Bolhassan argued that under Section 29, Subsection
00:441, Subsection b of the Government Proceedings Act 1956, courts cannot compel the government
00:50to return land.
00:52However, he conceded that Article 13 of the Federal Constitution entitles Semantan Estate
00:57to compensation based on the land's 1956 value, with Mesna profits calculated from then until
01:04compensation is awarded.
01:06Semantan Estate's lawyer, Datuk Dr Cyrus Das, countered that the appellate court lacks
01:11jurisdiction to replace land transfer with compensation, as it cannot override the 2009
01:18High Court ruling requiring the government to return the land.
01:22On August 7, 2024, the High Court ruled in favor of Semantan Estate, ordering the Federal
01:29Territory of Kuala Lumpur Land Registrar to transfer ownership within three months, free
01:34of encumbrances.
01:37The government appealed on August 8 and obtained a stay order on September 12 pending the Court
01:42of Appeals' decision.
01:44The disputed Duta Enclave land in Jalan Duta houses government buildings.