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KUALA LUMPUR (April 10): The High Court has fixed Dec 16 to deliver its decision on the amount of compensation the Malaysian government must pay to Semantan Estate (1952) Sdn Bhd. The compensation will be assessed based on 1956 market rates, following a long-running dispute over the government’s acquisition of the prime “Duta enclave” land along Jalan Duta here.
Judge Roslan Mat Nor set the decision date after scheduling new trial dates for the compensation proceedings on Aug 14 and 21, and Sept 1. Earlier hearing dates in April were vacated due to insufficient time for both parties to exchange valuation reports and responses.
The court also set deadlines for submissions: Nov 16 for filings and Dec 8 for replies.
Counsel Janet Chai Pei Ying of Messrs Chooi & Co, acting for Semantan Estate, confirmed the dates when contacted by The Edge.
The rescheduling follows the dismissal of Semantan Estate’s application to obtain pre-Merdeka land acquisition documents on April 1. The court agreed to defer the trial to allow both parties adequate time to prepare their valuation evidence.
Both Semantan Estate and the government will each call one witness to testify on the compensation assessment.
Background of the case
The dispute dates back to 1956, when the pre-Merdeka government acquired 263.27 acres of land in Mukim Batu for RM1.32 million. The land now houses key government facilities, including the National Examination Syndicate, National Archives, Inland Revenue Board headquarters, Malaysian Anti-Corruption Commission Academy, Integrity Institute of Malaysia, the Kuala Lumpur Syariah Court complex, and major roads.
In 2009, the High Court ruled that the government had trespassed on the land. This decision was upheld by the Court of Appeal and the Federal Court in 2012, while a review application by the government was dismissed in 2019.
Following these rulings, Semantan Estate — now under voluntary liquidation — pursued three legal avenues: A mandamus order to compel the return of the land, re-registration of subdivided land titles under the National Land Code, and claims for mesne profits (damages for unlawful occupation).
However, attempts to recover the land and titles were ultimately rejected up to the Federal Court, which ruled that returning the land was impractical due to existing infrastructure and development.
What remains
The only remaining issue is compensation for the acquisition, to be assessed based on 1956 values.
A separate hearing on mesne profits is ongoing at the Kuala Lumpur High Court, but sitting in Seremban after judge Datuk Ahmad Shahrir Mohd Salleh was transferred there. A decision, initially expected on May 19, has been vacated and is now pending.
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