KUALA LUMPUR: The government and Semantan Estate (1952) Sdn Bhd are in active negotiations to reach an amicable solution over a 106.5ha of land near Jalan Duta dubbed as Duta Enclave.
Semantan Estate lawyer Datuk Dr Cyrus Das said the government had given its assurance that the negotiations would not stall.
He said active negotiations would take place to see whether there could be a compromise or a settlement of the case.
"Otherwise, the case will proceed on Nov 7, as indicated by the court. There are two appeals presently.
"It involves a mandamus appeal by Semantan Estate for an order of mandamus that the land should be transferred and possession should be given.
"The other appeal is by the government side, where orders have already been made for transfer, for possession and for registration.
"But meanwhile, the government side has given an assurance that negotiations will continue and hopefully, there will be some solution before Nov 7.
"If there is no solution by then, then I think both appeals will proceed," he said after proceedings at the Court of Appeal today.
Asked on how was the negotiations progressing, Cyrus and senior federal counsel Shamsul Bolhassan said they were looking at it positively.
Cyrus was met after proceedings before a three-panel judge led by Datuk Lee Swee Seng, who set Nov 7 to hear both appeals.
Also on the panel were Datuk Azimah Omar and Datuk Wan Ahmad Farid Wan Salleh.
During proceedings, Shamsul Bolhassan told the court that negotiations were ongoing and actively progressing.
He had asked for today's proceedings to be adjourned on grounds that the two appeals were filed separately and asked for it to be heard together as it involved the same land.
Lee said there should be active negotiations with Semantan Estate for an amicable solution.
"This is a huge problem so we have to tackle it.
"In the meantime, it is all systems go. Talk to each other. I am glad that you have a road map ahead, so work together."
On Sept 12, the government was granted a stay on a High Court ruling to return some 106.54ha of land near Jalan Duta to the company.
High Court judge Datuk Ahmad Shahrir Mohd Salleh ruled that the stay would not prejudice the company pending an appeal filed by the government at the appellate court.
In August, another High Court had approved the liquidator's request to transfer the land dubbed as Duta Enclave in Mukim Batu to Semantan Estate (1952) Sdn Bhd.
The land is currently home to several government buildings, including the former National Hockey Stadium, National Tennis Complex, Institute of Islamic Understanding Malaysia, Federal Territory Mosque, National Archives, and Inland Revenue Board Complex.
The government originally acquired the land in 1956 for RM1.32 million under the then-Land Acquisition Enactment with the intention of developing a diplomatic (Duta) enclave.
However, the land's original owner, Semantan Estate — founded by Eng Lian Group and Ng Chin Siu & Sons Rubber Estates Sdn Bhd — disputed the acquisition.
Eng Lian Group is best known for developing Bangsar in Kuala Lumpur, including Bangsar Village, while Ng Chin Siu & Sons reportedly owned much of Desa Hartamas and Mont Kiara during their peak.
In 2009, the High Court ruled that the government had trespassed on the land, a decision upheld by the Court of Appeal and the Federal Court in 2012.
In Nov 2018, a Federal Court bench led by then-Court of Appeal president Tan Sri Ahmad Maarop dismissed the Malaysian government's application to review the 2012 decision, leaving the judgment intact.
Semantan Estate claimed it retained beneficial interest in the 106. 72-ha land in Mukim Batu, alleging that the government had unlawfully taken possession of it.
The company argued that the government should pay mesne profits as damages for trespassing, with the amount to be determined by the court.
On Oct 25, 2022, Semantan Estate's liquidators initiated a claim against the Federal Government for wrongful possession of the land, seeking mesne profits.
Mesne profits refer to the rents and profits a trespasser could have earned during their occupation, which must be paid to the rightful owner as compensation for the trespass.