KUALA LUMPUR: The government has questioned the RM6,000-per-acre rate adopted by a licensed property valuer in assessing the value of land in Duta Enclave in 1956, pointing out that several comparable transactions cited in his own report were valued below that rate.
Senior Federal Counsel Nurhafizza Azizan, representing the government, raised the matter while cross-examining the Semantan Estate (1952) Sdn Bhd's valuer Foo Gee Jen during the compensation assessment hearing before High Court Judge Roslan Mat Nor.
Nurhafizza referred Foo to several comparable transactions listed in his valuation report, including bungalow plots and pieces of land in Bukit Tunku, which the witness had used in assessing the 1956 market value of the 263.272-acre parcel in Mukim Batu.
Foo, the plaintiff's witness, disagreed with Nurhafizza's suggestion that the RM6,000-per-acre rate adopted in his valuation was high and unsupported by documentary evidence or the government's valuation reports.
He also disagreed that the subject property, Duta Enclave, was agricultural land, but said he had no records to show that the land was not classified as agricultural land.
Meanwhile, in his witness statement, Foo said his assessment covered the market value of the subject property, as well as the damage sustained or likely to be sustained due to severance and injurious affection.
He said the assessment was carried out pursuant to the Court of Appeal's order dated June 24, 2025, which, among other things, directed that the compensation assessment be conducted in accordance with the Land Acquisition Act 1960.
The hearing will continue on Sept 1.
On Nov 13, 2025, the Federal Court dismissed Semantan Estate's application for leave to appeal against the Court of Appeal's decision that the Federal Territory Land Titles Registrar did not need to register 263.272 acres of land in Duta Enclave in the name of the company.
Thus, the Court of Appeal's decision in favour of the government remains in force because the company was unable to continue its appeal to the Federal Court after failing to obtain leave. The case was then returned to the High Court for a hearing for the assessment of damages.
On June 24, 2025, the Court of Appeal ruled that Semantan Estate was not entitled to the title to the land but that the company was entitled to appropriate compensation which would be assessed based on the value of the land in 1956, when it was acquired by the government.
The disputed land is located in the prime area of Jalan Duta, known as the Duta Enclave, which houses government buildings, including the National Hockey Stadium, the Malaysian Integrity Institute, the National Archives, the Kuala Lumpur Syariah Court, the Inland Revenue Board and the Malaysian Anti-Corruption Commission Academy.
The dispute involving Semantan Estate began in 2003 when the company sued the government, claiming that the land was acquired illegally.
In 2009, Judicial Commissioner Zura Yahya ruled in favour of Semantan Estate and held that the government had acquired the land illegally and that the company had a beneficial interest in it. – Bernama
