A High Court dismissed Semantan Estate’s application for historical land documents, crucial for determining compensation in the long-running Duta Enclave dispute.
KUALA LUMPUR: Semantan Estate (1952) Sdn Bhd today failed in its bid to obtain key historical land acquisition documents needed to determine compensation over the disputed Duta Enclave land.
High Court judge Roslan Mat Nor dismissed the application, which sought documents including revenue survey sheets and land acquisition plans. The judge said the defendant had stated in affidavits that the requested documents were not within its possession or control.
Roslan noted that other documents held by the authorities had been agreed for disclosure. He said the court also reviewed affidavits from several government agencies, all of which confirmed that the requested documents were not in their records.
“As such, the application for discovery is dismissed, with no order as to costs,” he said, fixing 10 April for case management.
The plaintiff had sought the documents to support its expert valuation report in determining fair compensation. Senior federal counsel Azza Azmi opposed the application, arguing the documents were not relevant and not in the custody of the agencies involved.
Lawyer Janet Chai Pei Wing, representing Semantan Estate, said the documents could assist the court in deciding the amount for compensation. She argued that, as the federal government, the defendant should have access to the documents.
On Nov 13 last year, the Federal Court rejected Semantan Estate’s bid for leave to appeal against an earlier ruling. The Court of Appeal had ruled that the company was not entitled to ownership of the land but was eligible for compensation based on its 1956 value.
The disputed land, located along Jalan Duta, houses several key government institutions. The dispute dates back to 2003, when the company sued the government, alleging unlawful acquisition of the land.
In 2009, the High Court ruled in favour of Semantan Estate, finding that the government had taken the land unlawfully. Subsequent appeals by the government were unsuccessful, and in February 2017, the company filed a suit to enforce the 2009 judgment.
A High Court order in August 2024 directing the transfer of land title was later overturned by the Court of Appeal. This led to the current compensation assessment proceedings.
