THE Kuala Lumpur High Court has granted a stay on its previous order requiring the government to transfer 106 hectares of prime land in Batu to Semantan Estate Sdn Bhd. The decision delays the transfer pending the outcome of an appeal to the Court of Appeal.
Justice Datuk Ahmad Shahrir Salleh, who issued the stay, cited “special circumstances” to justify the decision.
He noted that the land known as the “Duta enclave” is currently home to several government complexes, sports facilities, and other public landmarks. Among the key sites located on the land are the National Archives and the Kuala Lumpur Shariah Court.
“If the stay application is not granted and the claimants (Semantan Estate) are allowed to act on the judgment, there would be immense irreversible consequence.”
The judge pointed out that the stay order would not cause prejudice to Semantan Estate and ruled that the application be allowed without any order as to costs.
The stay comes after a ruling on Aug 7, when the judge ordered the government to transfer the land to Semantan Estate following the company’s successful originating summons against the Kuala Lumpur land registrar.
That same day, the judge dismissed a government application to stay the execution of the transfer pending a settlement proposal.
The legal battle dates back to 2003 when Semantan Estate sued the government, alleging the unauthorised seizure of the land.
In 2009, the High Court ruled that Semantan Estate retained beneficial interest in the land, which the government had unlawfully occupied. Subsequent government appeals were struck down, with the Federal Court denying leave to appeal in 2012 and later rejecting a review of the decision in 2018.
Semantan Estate pursued further legal action in 2017 to enforce the 2009 judgment, culminating in the recent rulings. The land in dispute acquired by the federal government in 1956 accommodates various government institutions, making it a critical location for public operations. – Sept 12, 2024
