KUALA LUMPUR – The high court has granted the government its application to stay the decision ordering it to transfer ownership of 263.272 acres of land in Mukim Batu here to Semantan Estate Sdn Bhd, pending the disposal of the government’s appeal at the Court of Appeal.
High court judge Datuk Ahmad Shahrir Mohd Salleh in allowing the application ruled that there are special circumstances for the court to grant the stay, Bernama reported.
Previously, on August 7, the same judge ordered the government to return over 263 acres of land in Jalan Duta to Semantan Estate.
However, today, according to the judge, the land, commonly accepted as the “Duta enclave” has “silently witnessed the construction” of a number of government complexes, sports facilities, and several landmarks.
He said these buildings and facilities currently accommodate a number of personnel and human resources, along with various types of public assets like valuable and delicate historical records in the National Archives.
“If stay application is not granted and the claimants remain immediately at liberty to act on the judgment, there would be immense irreversible consequences.
“Therefore, the stay application must be granted pending the determination of the appeal.
“As such, I allow the stay application with no order as to costs,” he said adding that it will not prejudice Semantan Estate if the application for stay is allowed.
The high court’s decision in August came almost seven years after Semantan Estate sued the Federal Territories Land Registrar seeking the judiciary to compel Putrajaya to comply with a previous judgment they obtained in the same court in 2009.
The decision by judge Ahmad Shahrir can be described as a matter of national interest, especially because the land houses various government complexes and facilities.
The ruling also caught the attention of Prime Minister Datuk Seri Anwar Ibrahim who noted that the high court’s decision would set a precedent for similar land dispute cases.
Anwar said he would propose to the cabinet a review of existing legislation to prevent similar issues in the future. – September 12, 2024