KUALA LUMPUR: The High Court has dismissed a discovery application by the Semantan Estate Sdn Bhd in its bid to obtain documents relating to an assessment for compensation over the 'Duta Enclave' land dispute with the government.
Justice Roslan Mat Nor delivered the decision after hearing lengthy submissions from parties here on Wednesday (April 1).
Semantan Estate had applied for the discovery application on several documents, including survey plans, acquisition records, memorandum of transfers and zoning documents dating back to the 1950s.
It identified four government-related agencies that would likely have the documents needed to assist the court in assessing compensation to be paid by the government to the company for the disputed land known as the Duta Enclave.
The four agencies are the Department of Survey and Mapping (Jupem), the Selangor Land and Mines Office (PTG), the National Archives and the Kuala Lumpur City Hall (DBKL).
Senior Federal Counsel Azza Azmi, who appeared for the government, however, opposed the application, saying that the documents were not in their possession.
She said the defendant had taken the initiative to reach out to the federal agencies identified for the documents and only one document was available.
However, she said the Selangor PTG falls under the purview of the state government, and the defendant could not request documents from the state government as it has no power over it.
"In this case, the documents are not in our possession. And we cannot simply request documents from a state government. They are a separate legal entity," she said.
Lawyer Janet Chai Pei Wing, who represented Semantan Estate as the plaintiff, said the documents could assist the court in deciding the amount for compensation.
She said that, as the federal government, the defendant should have access to the documents.
"And yet we are faced here with 'technical differences' by the government," Chai added.
In his decision, Justice Roslan said he had scrutinised the affidavits-in-reply by the agencies, in which they clarified that they did not have the relevant documents in question.
With the dismissal, the judge did not make an order as to costs. The court then fixed April 10 for mention in the assessment.
On Nov 13, last year, the Federal Court dismissed Semantan Estate's leave application to appeal a Court of Appeal decision, the company's final attempt to overturn the appellate court's ruling that the 106.54-hectare Duta Enclave belongs to the government.
It said the application did not meet the threshold under Sections 96A and 96B of the Courts of Judicature Act 1964.
The Federal Court then ordered the case remitted to the High Court for assessment of compensation to Semantan Estate.
On June 24, 2025, the Federal Territory of Kuala Lumpur Land Registrar succeeded in its appeal to set aside the High Court ruling that ordered a transfer of the 106.54ha Duta Enclave title in Kuala Lumpur back to Semantan Estate.
In the decision, the Court of Appeal held that the 2009 High Court decision did not order a transfer to Semantan Estate and therefore, there was no order to execute.
The appellate court also ruled that the Duta Enclave belongs to the government and directed compensation to Semantan Estate.
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.
