Govt granted stay of Duta Enclave land transfer order

Govt granted stay of Duta Enclave land transfer order

The stay allows the government to withhold the transfer of the land to Semantan Estate pending an appeal to the Court of Appeal.

The ‘Duta Enclave’ acquired by the federal government in 1956 houses the National Archives, the Kuala Lumpur shariah court and other government complexes. (X pic)
PETALING JAYA:
The Kuala Lumpur High Court has issued a stay of its order requiring the government to transfer 106ha of land in Batu, Kuala Lumpur, to Semantan Estate Sdn Bhd.

Last month, Justice Ahmad Shahrir Salleh ordered the government to transfer the land to Semantan Estate after allowing the company’s originating summons against the Kuala Lumpur land registrar.

The stay allows the government to withhold the transfer of the land to Semantan Estate pending an appeal to the Court of Appeal.

In allowing the application, Shahrir ruled that there were special circumstances to justify the stay order, Bernama reported.

He said the land, commonly known as the “Duta Enclave” has silently witnessed the construction of a number of government complexes, sports facilities, and a few other landmarks.

These buildings and facilities presently accommodate a considerable number of personnel and human resources, along with various types of public assets, he noted, adding that the National Archives is also situated on this plot of land.

“If the stay application is not granted and the claimants (Semantan Estate) remain immediately at liberty to act on the judgment, there would be immense irreversible consequences.

“Therefore, the stay application must be granted pending the determination of the appeal.

“As such, I allow the stay application with no order as to costs,” the judge said, adding that the order will not prejudice Semantan Estate.

Shahrir had on Aug 7 ordered the government to transfer the land to Semantan Estate after allowing the company’s originating summons against the Kuala Lumpur land registrar.

On the same day, he dismissed a previous application by the government to stay the execution of the land transfer order pending a settlement proposal by the government to resolve the dispute.

In 2003, Semantan Estate filed a lawsuit against the government, alleging encroachment following an unauthorised land seizure.

In 2009, judicial commissioner Zura Yahya ruled that Semantan Estate had retained its beneficial interest in the land, which had been unlawfully possessed by the government and subjected to trespass.

The government subsequently filed an appeal, which was struck out on May 18, 2012.

On Nov 21, 2012, the Federal Court denied 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.

Semantan Estate initiated a lawsuit against the Kuala Lumpur land registrar in February 2017 to enforce the 2009 High Court judgment.

The land acquired by the federal government in 1956 houses the National Archives, the Kuala Lumpur shariah court and other government complexes.

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