Case of Duta Enclave: A Battle for Land Rights
The Disputed Land
The 106ha acquired by the federal government in 1956 houses the National Archives, the Kuala Lumpur shariah court and other government complexes. This area, known as the "Duta Enclave", has been the subject of a long-standing dispute between the government and Semantan Estate Sdn Bhd.
Ruling and Arbitration
In a recent High Court judgment, Justice Ahmad Shahrir Salleh ordered the government to transfer the land to Semantan Estate Sdn Bhd. However, Shahrir acknowledged the potential impact of his ruling and emphasized the importance of upholding fundamental rights.
Upholding Fundamental Rights
Shahrir stressed that the court must ensure that the rights of all parties are respected, without "riddles or whitewashes." He noted that even the powers of the state cannot encroach upon these fundamental rights.
Disputed Transfer of Land
Semantan Estate Sdn Bhd had filed an originating summons for an order under Section 417 of the National Land Code, seeking to reinstate its name as the rightful owner of the property in the register of titles. The government’s senior federal counsel argued that the 2012 ruling did not effectuate the transfer of the land but merely recognized the company as its beneficial owner.
Shahrir’s Ruling
Shahrir disagreed, stating that the government was and still is in unlawful occupation of the land due to a botched acquisition. He emphasized that if the court were to accept the government’s argument, it would mean the government could continue to trespass on the land, which would be contrary to the 2009 judgment.
Staying of Order
Shahrir also granted a stay of his order, citing that his ruling would not prejudice Semantan Estate Sdn Bhd. The Court of Appeal is scheduled to hear the government’s appeal on November 7.
Background
The Duta Enclave has witnessed the construction of several government complexes, sports facilities, and landmarks. In 2003, Semantan Estate Sdn Bhd filed a lawsuit against the government, alleging encroachment following an unauthorized land seizure. The case went through various levels of litigation, with the Federal Court dismissing the government’s application to review its previous decision in 2018.
Conclusion
The case of Duta Enclave highlights the importance of upholding fundamental rights and the court’s duty to ensure justice is served. As the Court of Appeal prepares to hear the government’s appeal, the fate of the disputed land remains uncertain.
Frequently Asked Questions (FAQs)
Q: What is the Duta Enclave?
A: The 106ha acquired by the federal government in 1956 houses the National Archives, the Kuala Lumpur shariah court, and other government complexes.
Q: Who is Semantan Estate Sdn Bhd?
A: Semantan Estate Sdn Bhd is the company that has been involved in a long-standing dispute with the government over the ownership of the land.
Q: What is the current status of the case?
A: The case is currently before the Court of Appeal, with a scheduled hearing on November 7.
Q: What are the main issues at stake?
A: The main issues at stake are the disputed transfer of land and the government’s unlawful occupation of the property.