Govt overpaid Semantan Estate up to RM500,000 for Duta Enclave land, property valuer tells court

KUALA LUMPUR, Oct 16 — The High Court was told today that the Malaysian Government had overpaid Semantan Estate Sdn Bhd (1952) between RM400,000 and RM500,000 in compensation for the acquisition of 263.272 acres of land known as the Duta Enclave in 1956.

Finance Ministry Valuation and Property Services Department (JPPH) assistant director Tan Tat Khuan said his assessment valued the land in Mukim Batu at RM875,000, compared with the RM1.39 million paid by the government.

“Deducting my valuation of RM875,000 from the RM1.39 million already paid shows that the government overpaid by between RM400,000 and RM500,000.

“If the court accepts my valuation, no additional compensation should be paid to the plaintiff (Semantan Estate),” he said.

Tan, the government’s sole witness, was testifying during the compensation assessment hearing before Judge Roslan Mat Nor.

Under further questioning by senior federal counsel Nurhafizza Azizan, Tan confirmed that his assessment showed the government had overpaid.

In earlier proceedings, Tan testified that the government paid Semantan Estate RM1.39 million in compensation in 1965, exceeding his recommended amount.

He said he had also assessed the land using a different acreage and arrived at a compensation value of RM985,000.

Asked by Judge Roslan whether additional compensation would be payable based on that valuation, Tan said none would be due. However, he clarified that his recommended compensation amounts excluded interest.

During questioning by Semantan Estate’s lawyer Ira Biswas, Tan rejected suggestions that information obtained from valuers A.A. Wragg and A.I.G. Harding, who assessed the land in 1956 and 1958 respectively, amounted to hearsay because they had not testified in court.

“In my view, both reports are consistent and reliable,” he said.

The hearing resumes on Nov 23.

On Nov 13, 2025, the Federal Court dismissed Semantan Estate’s application for leave to appeal against a Court of Appeal ruling that the Federal Territory Registrar of Titles was not required to register the 263.272-acre Duta Enclave land in the company’s name.

The decision upheld the government’s position, and the case was returned to the High Court for an assessment of compensation.

On June 24, 2025, the Court of Appeal ruled that Semantan Estate was not entitled to ownership of the land but was entitled to appropriate compensation based on its value in 1956, when it was acquired by the government.

The prime Jalan Duta site houses several landmarks, including the Inland Revenue Board complex, government buildings, the National Hockey Stadium, the Institute of Islamic Understanding Malaysia and the Federal Territory Mosque.

Semantan Estate sued the government for trespass in 2003, alleging that the land had been unlawfully acquired.

In 2009, Judicial Commissioner Zura Yahya ruled that Semantan Estate retained beneficial interest in the 263.27-acre site, which the government had unlawfully acquired and occupied. — Bernama

* Editor’s note: The initials JPPH in Malay stands for Jabatan Penilaian dan Perkhidmatan Harta, or the Valuation and Property Services Department in English.