PUTRAJAYA: The Federal Court has fixed Nov 13 to deliver its decision in a leave application by Semantan Estate Sdn Bhd (SESB) in its bid to appeal the Court of Appeal's ruling, which overturned a transfer order of the "Duta Enclave" to SESB.
A three-judge panel, chaired by Chief Judge of Malaya Justice Hasnah Mohammed Hashim, set the date after hearing submissions from SESB's lawyer Datuk Dr Cyrus Dass and Senior Federal Counsel Shamsul Bolhassan, who represented the government and the Federal Territory of Kuala Lumpur Land Registrar.
Justice Hasnah said the panel required time to deliberate.
Other judges on the panel were Justices Hanipah Farikullah and Che Mohd Ruzima Ghazali.
On June 24, the Federal Territory of Kuala Lumpur Land Registrar succeeded in its appeal to overturn the High Court's ruling that had ordered it to transfer the title of the 106.54ha "Duta Enclave" land in Kuala Lumpur back to SESB.
The appellate court held that a 2009 High Court decision in the land dispute did not order the Government to transfer the land back to SESB and as such, there was no order to execute.
It also ruled that the Duta Enclave belongs to the government but also directed for compensation to be paid to SESB.
In the same decision, the court dismissed SESB’s cross-appeal seeking to have the land, which was subject to compulsory acquisition by the government since 1956, transferred to the company.
It also ordered both parties, the government and the company’s valuers, to assess the 106.54ha within 30 days of the June 24 decision.
On Aug 8 last year, the High Court allowed SESB’s originating summons for the land to be transferred to the company under Section 417 of the National Land Code 1965.
The land, located at the prime Jalan Duta area, now houses, among others, the Inland Revenue Board Complex, several government buildings, the National Hockey Stadium, the Institute of Islamic Understanding Malaysia, and the Federal Territory Mosque.
The High Court allowed SESB’s originating summons and dismissed the government’s application to stay proceedings pending its proposed settlement plan for the land dispute.
In the present leave application, SESB has filed 26 questions of law in its bid for leave to appeal to the Federal Court against the Court of Appeal’s decision allowing the government’s appeal against re-registering the land title under the company’s name.
