PUTRAJAYA: Semantan Estate Sdn Bhd has failed in its final attempt to overturn a Court of Appeal ruling that the 106.54 hectare Duta Enclave belongs to the government.
On Thursday (Nov 13), the Federal Court dismissed the company’s leave application to appeal the Court of Appeal decision.
It said the application did not meet the threshold under Sections 96A and 96B of the Courts of Judicature Act 1964.
A three-judge panel chaired by Chief Judge of Malaya Justice Hasnah Mohammed Hashim delivered the decision.
Other panel members were Federal Court Justices Hanipah Farikullah and Che Mohd Ruzima Ghazali.
Justice Hasnah said the application was fact centric and raised no constitutional questions of general importance.
She said the 2009 High Court order at the centre of the dispute was clear and unambiguous and that it recognised only SESB’s beneficial interest and a right to possession against the government.
Justice Hasnah added it did not confer any registrable title under the National Land Code 1965.
“The declaration was confined to recognising a beneficial interest and a corresponding right to possession. It did not confer any registrable interest,” she said.
She said the Court of Appeal correctly applied the legal distinction between registered ownership and beneficial interest and added its ruling did not alter the substance of the 2009 order.
“The issues raised do not disclose any novel or arguable question of general principle or constitutional importance,” she said.
Justice Hanipah, in a supporting judgment, agreed the 2009 declaration was purely declaratory.
She said it recognised only a beneficial interest without conferring any registrable title under the NLC and added the High Court made no order to transfer or register the land in the company’s name.
Justice Hanipah added the declaration was confined to an equitable entitlement and a right to possession against the government.
“The declaration was therefore confined to the applicant’s equitable entitlement and a corresponding right to possession,” she said.
The Federal Court ordered the case remitted to the High Court for assessment of compensation to SESB.
It said this follows the direction of the Court of Appeal.
The court made no order as to costs.
On June 24, the Federal Territory of Kuala Lumpur Land Registrar succeeded in its appeal to set aside the High Court ruling.
That ruling had ordered transfer of the 106.54 hectare Duta Enclave title in Kuala Lumpur back to SESB.
The Court of Appeal held the 2009 High Court decision did not order a transfer to SESB.
It said there was therefore no order to execute.
It also ruled the Duta Enclave belongs to the government and directed compensation to SESB.
In the same decision, the court dismissed SESB’s cross appeal seeking transfer of the land.
It noted the land had been subject to compulsory acquisition by the government since 1956.
It also ordered both parties’ valuers to assess the 106.54 hectares within 30 days of June 24.
On August 8 last year, the High Court had allowed SESB’s originating summons for transfer under Section 417 of the NLC.
The land in the Jalan Duta area now houses several facilities.
These include the Inland Revenue Board Complex, government buildings, the National Hockey Stadium, the Institute of Islamic Understanding Malaysia and the Federal Territory Mosque.
The High Court allowed the originating summons and dismissed the government’s stay application.
The stay had sought time for a proposed settlement plan for the land dispute.
In the present leave bid, SESB filed 26 questions of law.
It sought leave to appeal to the Federal Court against the Court of Appeal’s decision allowing the government’s appeal on re-registering the title.
