The Federal Court today dismissed the company’s application for leave to appeal the Court of Appeal’s June 25 decision ordering the government only to pay compensation for the property.

A three-member bench chaired by Chief Judge of Malaya Hasnah Hashim today said that the 26 legal questions posed by Semantan Estate did not meet the threshold set under Section 96 of the Courts of Judicature Act 1964.

“We are also of the considered view that the application is fact-centric and did not raise any question of constitutional importance,” she said in the unanimous ruling.

Under Section 96, leave is granted only when a case raises novel constitutional or legal questions of public importance for the first time.

Federal Court judge Hanipah Farikullah and co-opted Court of Appeal judge Ruzima Ghazali were also on the bench that heard the application.

Hanipah, in her supplementary grounds, said the Court of Appeal was correct in holding that Semantan did not have a registrable interest in the land.

“The High Court in 2009 did not order the Kuala Lumpur Land Registrar to do the land transfer. Therefore, the company only had an equitable interest under the National Land Code,” she said.

Hasnah scheduled case management for Nov 17 in the High Court, where parties will argue the quantum of compensation payable by the government to Semantan Estate before Justice Roslan Mat Nor.

Senior federal counsel Shamsul Bolhassan, Nurhafizza Azizan, Azza Azmi, Shazreen Nadia Zulkifli, Safiyah Omar and Nuur Zul Izzati Zulkipli appeared for the government.

Cyrus Das, Ira Biswas, Alexis Ng and Karu Ashwin represented the company.

Previously in the Court of Appeal, Justice Lee Swee Seng, now a Federal Court judge said monetary compensation was a more suitable remedy than compelling the transfer of title and return of possession to Semantan Estate.

Also on the appeals court bench hearing the appeal were Justices Azimah Omar and Wan Ahmad Farid Wan Salleh, now the chief justice.

The bench further ruled that compensation was to be based on the land’s value in 1956, the year the government took possession, with RM1.325 million previously paid to be deducted.

The Court of Appeal also ruled that the company was entitled to mesne profits, the quantum of which was to be assessed by the High Court.

The court was previously told that the property was valued at RM12 billion.

The Duta Enclave has witnessed the construction of a number of government complexes and sports facilities, as well as several other landmarks.

Semantan Estate initiated legal proceedings in 2003 by filing a suit against the government, alleging that the land had been unlawfully acquired.

In 2009, then judicial commissioner Zura Yahya ruled in the company’s favour, deeming the acquisition unlawful and ruling that the company retained beneficial ownership of the land.

The government’s subsequent appeals to both the Court of Appeal and the Federal Court were dismissed.

In February 2017, Semantan Estate filed two concurrent lawsuits against the federal territory land registrar to enforce the High Court order.

Its judicial review application seeking a mandamus order to compel government compliance with the 2009 High Court ruling was dismissed by Justice Ahmad Kamal Shahid.

However, in a separate decision last year, Justice Ahmad Shahrir allowed the company’s suit against the Kuala Lumpur land registrar and ordered the government to transfer the land to Semantan Estate under Section 417 of the National Land Code.

This order was subsequently overturned by the Court of Appeal.