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High Court rejects Semantan Estate bid for delay in Duta Enclave compensation case

The High Court has refused Semantan Estate’s request for more time to obtain decades-old records, ruling that the long-running Duta Enclave land dispute must proceed to assessment without further delay

3:11 PM MYT

 

KUALA LUMPUR – The High Court today dismissed an application by Semantan Estate (1952) Sdn Bhd for additional time to obtain documents ahead of the assessment of compensation payable by the government.

High Court judge Justice Roslan Mat Nor held that the protracted dispute could no longer be delayed and maintained the assessment hearing scheduled for April.

Roslan ruled that although the plaintiff argued it needed further documents to prepare a comprehensive valuation report, granting another adjournment would be unjust to both parties.

He noted the defendant’s objection, which contended that any further delay would result in increased interest payments, despite the delay not being caused by the government.

“In the interest of justice to both parties, and taking into account the protracted history of the case arising from various court processes and orders, the court can no longer adjourn the matter and accordingly dismisses the application to postpone the hearing,” he was quoted saying by FMT.

Case management is fixed on March 16.

Meanwhile, Semantan’s counsel Janet Chai told the court that the documents sought related to matters dating back about 70 years.

“They are definitely not readily available, and therefore time will be taken for any searches to be done,” she said.

In addition, Chai said that the company was not seeking to delay the proceedings but required reasonable time as a private entity without access to or control over the records.

The documents sought include land acquisition and survey plans, which Semantan said were necessary to determine compensation under the Land Acquisition Act 1960.

Semantan’s legal battle began in 2003, when it sued the government, alleging that its 106-hectare parcel of land in the city known as the Duta Enclave had been unlawfully acquired since 1956.

The disputed land, located in the prime Jalan Duta area, now houses several government buildings, including the National Hockey Stadium, the National Archives, the Kuala Lumpur shariah court, the Inland Revenue Board and the Malaysian Anti-Corruption Commission Academy.

In 2009, the High Court ruled in Semantan’s favour, but subsequent appellate decisions held that the company was not entitled to the land title.

On June 24, 2025, the Court of Appeal ruled that Semantan was instead entitled to adequate compensation, to be assessed based on the land’s value in 1956 when the government took possession of it, and ordered an assessment of mesne profits.

On Nov 13 last year, the Federal Court dismissed Semantan’s application for leave to appeal, leaving the Court of Appeal’s decision in force and clearing the way for the assessment proceedings now before the High Court.

Senior federal counsel Nur Zul Izzati Zulkipli appeared for the government. – January 20, 2026

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