KUALA LUMPUR: Datuk Seri Anwar Ibrahim has said that there is a need for the government to re-examine the High Court’s decision in favour of Semantan Estate Sdn Bhd in the dispute involving 106.5ha of land in Mukim Batu from a legal perspective.
The Prime Minister said that while the government respected and accepted the court’s decision, they are concerned that it might have serious implications for the country.
Anwar explained that if the decision sets a precedent for land dispute cases, either before or since Independence, the country could descend into what he described as “chaos”.
“I will propose to the Cabinet to relook into this matter because if this principle is applied, what about people’s lands that were taken since Independence or even before Independence, that were first taken for government purposes and then taken over by the private sector?
“Or what about the private sector that buys agricultural land, then converts it to industrial land?
“The owner who sells his land gets very little, but the ones who buy get so much. If everyone uses the principles now decided by the court, the country will be in chaos.
“That’s why we have to relook into the matter. We accept the court’s decision, but we will also look into the legal implications and the implications for the country, which could be very serious,” the Prime Minister told reporters after launching the Guidelines on the Management and Governance of Federal Statutory Bodies on Friday (Aug 9).
He said the matter is expected to be raised and discussed at the Cabinet meeting next week.
On Thursday (Aug 8), it was reported that the government had filed an appeal against the High Court’s order on the transfer of the land in Mukim Batu to Semantan Estate Sdn Bhd.
The disputed land, located in the prime Jalan Duta area known as the “Duta enclave”, houses government buildings that include 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.
High Court judge Datuk Ahmad Shahrir Mohd Salleh ordered the government to transfer the land to Semantan Estate after allowing the company’s originating summons against the Registrar of the Federal Territory of Kuala Lumpur Land.
The court also dismissed the government’s application for a stay of execution pending its proposed settlement of the land dispute.
In 2003, Semantan Estate filed a lawsuit against the government, alleging encroachment following an unauthorised land seizure.
In 2009, Judicial Commissioner Zura Yahya ruled that Semantan Estate had retained its beneficial interest in the 106.5ha land, which had been unlawfully possessed by the government and subjected to trespass.
The government subsequently filed an appeal, which was struck out on May 18, 2012.
On Nov 21, 2012, the Federal Court denied the government’s application for leave to appeal the decision.
In 2018, the Federal Court once again dismissed the government’s application to review its previous decision.
Semantan Estate initiated a lawsuit against the Registrar of the Federal Territory of Kuala Lumpur Land in February 2017 to enforce the 2009 High Court judgment.
The government has also proposed a settlement regarding the land dispute. – Bernama
