High Court rejects Semantan Estate’s request for more time to prepare valuation report, sets April hearing for damages assessment over Duta Enclave land
KUALA LUMPUR: The High Court has dismissed an application by Semantan Estate (1952) Sdn Bhd for an extension of time to prepare an appraisal report ahead of a hearing on damages.
Judge Roslan Mat Nor made the ruling today, citing the case’s lengthy history dating back to 1956.
He said the court considered the company’s submission that more documents were needed for a comprehensive valuation.
“The court also took into account the objection raised by counsel for the defendant, who argued that the last-minute application for an extension was inappropriate,” Judge Roslan said.
He added that a further delay would result in higher interest payments for the government.
“In the interest of justice to both parties, and taking into account the prolonged history of this case due to numerous legal processes, the court finds that the matter can no longer be postponed,” he stated.
The judge maintained the previously set hearing dates of April 3, 10 and 30.
Lawyer Janet Chai Pei Wing, representing Semantan Estate, argued the documents were needed to assess road access and infrastructure factors under the Land Acquisition Act 1960.
“The document in question pertains to matters that existed about 70 years ago and are not readily available,” she said.
She added the company, as a private entity, had no control over the documents and was not attempting to delay proceedings.
Senior Federal Counsel Nuur Zul Izzati Zulkipli, for the government, objected to the application.
She argued a longer period would result in a larger amount of interest payments for the government.
The case was remitted to the High Court for assessment of damages last November.
This followed the Federal Court dismissing Semantan Estate’s application for leave to appeal a Court of Appeal decision.
That decision held that the Federal Land Registrar is not required to transfer the title of the 263.272-acre Duta Enclave to the company.
On June 24 last year, the Court of Appeal ruled Semantan Estate is not entitled to the land title.
However, the court held the company is entitled to adequate compensation.
This compensation is to be assessed based on the land’s value in 1956, when the government took possession.
The disputed land in the prime Jalan Duta area houses several government buildings.
These include the National Hockey Stadium and the Malaysian Anti-Corruption Commission Academy.
Semantan Estate’s legal battle began in 2003 when it sued the government for unlawful acquisition.
In 2009, the High Court ruled in the company’s favour, finding the government had unlawfully acquired the land.
The government’s subsequent appeals to higher courts were unsuccessful.
In February 2017, Semantan Estate filed a lawsuit to enforce the 2009 judgment.
In August 2024, the High Court ordered the land transfer within three months, a decision later overturned by the Court of Appeal.
