KUALA LUMPUR (Aug 8): What will the effect of High Court judge Datuk Ahmad Shahrir Mohd Salleh’s decision to allow the transfer of the 263.27-acre land in Mukim Batu known as the “Duta enclave” to the liquidator of Semantan Estate be?
Since 1957, several government buildings, including the Malaysian Institute of Integrity, the National Archives, the Kuala Lumpur Syariah Court, the government complex building along Jalan Duta (the Inland Revenue Board building), the Malaysian Anti-Corruption Commission Academy, the Tun Razak Hockey Stadium, as well a flyover and a section of Jalan Duta (now Jalan Tuanku Abdul Halim) heading towards Segambut, and possibly portions of the Federal Territory mosque, have been built on this parcel of land.
Lawyer Kwan Will Sen from Messrs Lim Chee Wee Partnership told The Edge that from the decision, it seemed that the court did not order vacant possession of the land or that the land be restored to its original state before the development.
“So, what will happen is that once the land titles are transferred to the liquidator of Semantan Estate, the government will effectively be trespassing on the land and there will be consequences of damages.
“As the land owner, the usual rights will be there, including possibly clearing the government buildings if they wish, or allowing them to stay but imposing rent if both sides are agreeable to that,” he noted.
Kwan said it seemed that the court did not specifically address the mechanics (of what is to be done) and left it to the parties to resolve them.
Lawyer Mohamed Haniff Khatri Abdulla said the government should have settled the matter once the review failed in 2018, as it has now become a huge mess.
He, however, does not believe that the liquidator of Semantan Estate, deemed the beneficial owner, would want those buildings to be vacated.
"I think a more practical situation is for the government to work for a lease on those properties. I see the presence of the government buildings there as a win for the liquidator as it has increased the value of the property.
"As a beneficial owner, the company should also think of national interests by having those buildings remain there and hence leasing them out," Haniff added.
Another lawyer, Razlan Hadri Zulkifli, when contacted, said that the effect is the ownership of the land is now transferred from the Malaysian government to Semantan Estate.
"As landowners, they could file a notice to vacate the land, or the other option is to have the government pay lease on the land," he said.
Razlan echoed similar sentiments as Haniff, saying the matter should have been resolved earlier following the Federal Court’s decision in 2012 and this would now have to be handled by the present government helmed by Datuk Seri Anwar Ibrahim.
"It is no fault of the present government or even former prime minister Datuk Seri Najib Razak, as we look at the case, the error was done much earlier since the 1960s as reported in some law journals," he said.
Razlan said Ahmad Shahrir was merely executing what had been decided by the court previously.
The best solution, he added, is for the government to pay rent or lease the land.