KUALA LUMPUR: The government’s application to stay the High Court’s decision ordering it to transfer ownership of 263.272 acres (106.542 hectares) of land in Mukim Batu here to Semantan Estate Sdn Bhd (SESB) will be heard on Sept 12.
According to a court system check, the application will be heard before Judge Datuk Ahmad Shahrir Mohd Salleh at 10 am.
On Aug 8, the government filed an appeal against the High Court’s decision ordering the transfer of the land to SESB.
The land, located in a prime area of Jalan Duta, houses, among others, the Inland Revenue Board Complex, several government buildings, the National Hockey Stadium, the Institute of Islamic Understanding Malaysia, and the Federal Territory Mosque.
On Aug 7, Ahmad Shahrir ordered the government to transfer the land to SESB after allowing the company’s originating summons against the Federal Territory Land Registrar as the defendant.
He also rejected the government’s request to postpone the trial pending the government’s proposed resolution regarding the land dispute.
Ahmad Shahrir ordered the Federal Territory Land Registrar to fulfil the requested conditions within three months from Aug 7 and directed the government to pay RM50,000 in costs.
The judge also instructed the defendant to register the plaintiff (SESB) as the landowner, execute all transfer documents, and issue the land title documents free of encumbrances and liabilities in the plaintiff’s name.
In 2003, SESB filed a lawsuit against the government, alleging trespass due to the illegal acquisition of the land from the company.
In 2009, Judicial Commissioner Zura Yahya ruled that SESB retained its beneficial interest in the 263.27 acres of land, which had been unlawfully acquired by the government, thus constituting trespass on the land.
The government then filed an appeal, which was dismissed on May 18, 2012. On Nov 21, 2012, the Federal Court rejected the government’s application for leave to appeal the decision.
In 2018, the Federal Court once again dismissed the government’s application to review its previous decision.
SESB filed an originating summons against the Federal Territory Land Registrar in February 2017 to enforce the High Court judgment of 2009.
The government has also proposed a resolution regarding the land dispute.
