Related Articles
rahmat@nst.com.my
PUTRAJAYA: The Court of Appeal has described the 70-year-long “Duta Enclave” land dispute as a reminder of the consequences of leaving issues unresolved, with long-term implications for future generations.
Federal Court judge Datuk Lee Swee Seng said the case, which involved the government and Semantan Estate Sdn Bhd, highlighted how problems do not go away by themselves.
Lee, who presided as a Court of Appeal judge, said this in his judgment after ruling that the 263.272 acres of land, which houses several administrative buildings, belonged to the government.
The court also ordered the government to compensate the company, with the amount to be assessed by the High Court within 90 days with the assistance of experts.
The panel also dismissed Semantan Estate’s cross-appeal to compel the government to transfer the land and its buildings, including the Inland Revenue Board, Shariah Court and National Archives, back to the company.
“This case is a timely reminder that problems do not disappear into thin air.
“Some problems are like the proverbial tin can that has been kicked down the road.
“There is a cost to be paid for indecisiveness, and sometimes future generations are made to bear what previous generations have not adequately addressed,” he said.
Other members of the bench were judges Datuk Azimah Omar and Datuk Wan Ahmad Farid Wan Salleh.
Lee said the land, taken by the government in 1956 and later transformed into a fully developed township, could have been resolved much earlier with due diligence and accountability from all parties.
The court expressed hope that its judgment, delivered more than 67 years after the government took possession of the land, would finally provide the legal clarity and coping mechanism necessary to manage the fallout of past decisions.
“As Virginia Satir, a renowned psychologist, said: ‘The problem is not the problem, but coping is a problem.’ “
Semantan Estate’s legal battle began in 2003 when it sued the government, claiming the land was unlawfully acquired.
In 2009, judicial commissioner Zura Yahya ruled in favour of Semantan Estate, stating that the government had unlawfully acquired the land.
In February 2017, Semantan Estate initiated a lawsuit against the Kuala Lumpur land registrar to enforce the 2009 High Court judgment.
© New Straits Times Press (M) Bhd
