KUALA LUMPUR, Oct 24 – The High Court ruled that the disputed 263.272 acres (106.542 hectares) of land in Mukim Batu, here, known as the ‘Duta Enclave’, should be returned to Semantan Estate Sdn Bhd (SESB), hence declaring the government’s 1956 acquisition of the land invalid.
In a 12-page judgment released on Oct 21, Justice Datuk Ahmad Shahrir Mohd Salleh said that due to a botched acquisition, the government was and is still in unlawful occupation of the land.
“This fact was found as such by the High Court, affirmed by the Court of Appeal and subsequently the Federal Court. Even an attempt to review the decision of the Federal Court fell flat to the ground.
“Prior to the acquisition, the land belonged to the plaintiff (Semantan Estate) and had the acquisition been valid and lawful, the land would belong to the government,” said the judge.
He also emphasised that his ruling was made because the court must uphold and accord the fundamental rights entrenched in the Federal Constitution its rightful status without sanctimony.
“When called upon to uphold fundamental rights as enshrined under the Constitution, the courts do not engage in riddles and whitewashes in protecting against transgressions over those rights. So, sacrosanct are these fundamental rights that not even the powers of the state could encroach upon,” said Justice Ahmad Shahrir.
The disputed land, located in the prime Jalan Duta area, houses government buildings, including the National Hockey Stadium, the Malaysian Institute of Integrity, the National Archives, the Kuala Lumpur Syariah Court, the Inland Revenue Board building and the Malaysian Anti-Corruption Commission Academy.
On Sept 12, Ahmad Shahrir granted a stay of his order requiring the government to transfer the land in Batu, here, to Semantan Estate pending the disposal of the government’s appeal at the Court of Appeal on the grounds, noting that special circumstances for the court to grant the stay and that his ruling would not prejudice the company.
The Court of Appeal is set to hear the government’s appeal on Nov 7.
