Semantan Estate Weighs Review After Apex Court Rejects Appeal on Duta Enclave Land

PUTRAJAYA (Nov 13) — Semantan Estate (1952) Sdn Bhd is considering filing a review of the Federal Court’s decision that dismissed its appeal to regain physical possession of the highly coveted Duta Enclave land and to restore the land title to the company.

Liquidator Dr Jim Lai Chee Chuen, speaking alongside lead counsel Datuk Dr Cyrus Das, Ira Biswas, and Alexie Ng Ying Ching, said the company’s 26 legal questions raised fundamental constitutional issues that deserved to be heard by the apex court.

“We are studying the matter further as it affects our legal rights. We will take instructions and may consider a review,” said Lai.

Under Rule 137 of the Federal Court Rules 1995, the Federal Court may review its own decisions in rare and exceptional cases to prevent injustice or abuse of process.

Origins of the Dispute

Semantan Estate—founded by the Eng Lian Group and Ng Chin Siu & Sons Rubber Estates Sdn Bhd, both prominent historic landowners in Kuala Lumpur—has long argued that the government wrongfully occupied its land since 1956. The Eng Lian Group is well-known for shaping areas like Bangsar, including the modern Bangsar Village commercial precinct, while Ng Chin Siu & Sons previously owned significant portions of Desa Sri Hartamas and Mont’Kiara, long before KL evolved into a hub filled with commercial property in KL and luxury high-rises.

Federal Court Upholds Government Ownership

A three-judge panel led by outgoing Chief Judge of Malaya Tan Sri Hasnah Mohamed Hashim unanimously ruled that Semantan Estate’s 26 questions did not meet the threshold for reconsideration. This decision upholds the Court of Appeal’s June 24 ruling, confirming that:

• The federal government retains ownership of Duta Enclave land

• The land title will not be transferred back to Semantan Estate

• Compensation will be based on the 1956 land valuation

Mesne Profits Still On the Table

Though unable to recover the land, Semantan Estate is entitled to mesne profits—compensation for the government’s wrongful occupation of the land over decades. A separate High Court is now hearing arguments on this matter, with submissions scheduled for Dec 11.

The right to mesne profits originates from the 2009 High Court ruling by Judicial Commissioner Zura Yahya, who determined that the land had been unlawfully occupied since December 1956. This finding was upheld through successive appeals, including a 2012 Federal Court confirmation.

A Long Legal Journey

Following the earlier judgments, Semantan Estate filed several applications, including:

• A mandamus order to compel the physical return of the land (dismissed in 2021)

• A request to re-register the 38 land titles to its name (approved by the High Court in August 2024 but stayed by the government)

• The ongoing claim for mesne profits

Both parties appealed these decisions, leading to the Court of Appeal ruling in favour of the government and, ultimately, the Federal Court’s refusal to entertain a further appeal.

With the possibility of a Rule 137 review now on the table, the decades-long dispute may not yet be over.