Kuala Lumpur: The Federal Territory of Kuala Lumpur Land Registrar has successfully overturned a High Court decision that required the transfer of the 263.272-acre ‘Duta enclave’ land back to Semantan Estate (1952) Sdn Bhd.

According to BERNAMA News Agency, the appeal was granted by a three-member bench, which included Federal Court judge Datuk Lee Swee Seng and Court of Appeal judges Datuk Azimah Omar and Datuk Wan Ahmad Farid Wan Salleh. The court ruled to set aside the High Court’s previous decision, arguing that the 2009 ruling did not mandate the Government of Malaysia to revert the land title to Semantan Estate.

Justice Lee clarified that a declaratory order, such as the one issued by the High Court, affirms legal rights but does not enforce actions like land transfers. Consequently, the order was deemed non-executable. However, the court acknowledged Semantan Estate’s right to adequate compensation based on the 1956 land value, the year the government assumed control of the property.

The court also determined that Semantan Estate is entitled to mesne profits on the land until the compensation is fully paid. The High Court will assess these profits, which will cease once the compensation is settled. The parties involved are required to submit their expert valuation reports on the land’s 1956 market value within 90 days.

Justice Lee noted that previous government payments totaling approximately RM1.4 million would be deducted from the compensation amount. Additionally, an interest rate of six percent per annum will be applied to the compensation from December 3, 1956, until full payment is made.

The contested land in the Jalan Duta area, known as the Duta Enclave, currently accommodates several government buildings, including the national hockey stadium and the Malaysian Anti-Corruption Commission Academy. The legal dispute began in 2003 when Semantan Estate claimed unlawful government acquisition of the land. Although the 2009 High Court ruling favored Semantan Estate, the government’s appeals were initially unsuccessful, prompting the company to file a lawsuit in 2017 to enforce the judgment.