PUTRAJAYA, June 24 — The Court of Appeal has ordered the government to compensate Semantan Estate Sdn Bhd for occupying a 106-hectare parcel of land in Kuala Lumpur, known as the Duta Enclave, for nearly five decades, according to Free Malaysia Today (FMT).
A three-member bench chaired by Justice Lee Swee Seng ruled that monetary compensation was a more appropriate remedy than transferring the land title to the company, citing the presence of significant government buildings on the property.
“The land in question houses several key government buildings. A transfer of title is not feasible,” Lee said in a unanimous decision, as reported by FMT.
The government had expressed its willingness to pay adequate compensation to the company for the property.
Justices Azimah Omar and Wan Ahmad Farid Wan Salleh were also part of the panel hearing the appeal.
The bench remitted the case to the High Court, directing an assessment of compensation to be conducted within 90 days with the assistance of experts.
The Court of Appeal also dismissed Semantan Estate’s cross-appeal for a mandamus to transfer the land title and compel the land authorities to register the land under the company’s name.
Both parties were ordered to bear their own costs.
The report added that the decision underscores the government’s obligation to compensate fairly while retaining the land for public use.
MORE TO COME