00:00The federal court on Thursday dismissed Semantan Estate Sandirian Berhad's or SESB final appeal
00:08to claim ownership of the 106.54 hectare Duta enclave, affirming the land belongs to the
00:15government. A three-judge panel led by Chief Judge of Malaya, Justice Hasna Mohamed Hashim
00:21ruled the application failed to meet the threshold under Sections 96A and 96B of the Courts of
00:29Judicature Act, 1964, stating it was fact-centric and raised no constitutional questions of general
00:35importance. Justice Hasna clarified that the 2009 High Court Order at the Dispute Center
00:41only recognized SESB's beneficial interest and right to possession against the government,
00:48but did not confer any registrable title under the National Land Code, 1965. She said the
00:55declaration was confined to recognizing a beneficial interest and a corresponding right
01:00to possession, and that it did not confer any registrable interest. The court, in a supporting
01:06judgment, agreed the 2009 declaration was purely declaratory, recognizing only equitable entitlement
01:14without transferring or registering land ownership to SESB. The federal court ordered the case remitted
01:21to the High Court for compensation assessment to SESB, following the Court of Appeals direction,
01:27with no order on costs. On June 24, the Court of Appeals had set aside an earlier High Court
01:34ruling, ordering transfer of the Duta enclave title to SESB, holding that the 2009 decision contained
01:42no such transfer order. The court confirmed government ownership and directed compensation
01:48for SESB, noting the land had been under compulsory acquisition since 1956. The disputed land now houses
01:58several government facilities including the Inland Revenue Board Complex, National Hockey Stadium,
02:04Institute of Islamic Understanding Malaysia, and Federal Territory Mosque.
02:08SESB had filed 26 questions of law-seeking federal court appeal, all of which were dismissed.
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