The court ruled that a mandamus cannot compel land recovery against the government, as rights are limited to declaratory orders under the Government Proceedings Act regarding compensation without enforcement of property transfer.

[1]This is a land acquisition matter, which through the default of the parties, has dragged on for some close to 70 years. The problem started in 1956, long before most of us were born. The parties had agreed on the subject land of about 250 acres in the Mukim of Batu to be acquired by the Selangor State then for a public purpose but could not agree on the compensation sum. The Government then paid what the Collector of Land Revenue awarded based on RM5,282 per acre but the owner, Semantan Estate (1952) Sdn Bhd (“Semantan Estate”) wanted RM13,000 per acre.

[2]In the meanwhile, Semantan Estate accepted the sum of RM1,320,500.00 paid by the Government on 21.12.1956 and another RM79,241.01 on 3.2.1959 without prejudice to its claiming for what it said is the fair compensation. The additional compensation was based on an additional area after resurvey making the total of 263.272 acres where the subject land is concerned.

[3]When there was an impasse on further compensation, the land owner did what everyone thought could be properly done which was to refer the matter to the High Court by way of a land reference under the then Land Acquisition Enactment (Cap. 140).

[4]The High Court had a different view and held that as the land area was different from that which was stated in the gazette notification and that parties cannot waive procedural irregularities in order to invoke the jurisdiction of the High Court pursuant to a land reference, the High Court declined jurisdiction. See Semantan Estate (1952) Ltd v. Collector of Land Revenue (1960) 26 MLJ 300 (“Semantan Estate High Court GOJ 1960”).

[5]What happened subsequently had been lost to some extent with the passage of time. What we can glean from the records was that the government had taken possession of the land on 3.12.1956 with the title being issued subsequently in the name of the Federal Lands Commissioner.

[6]Through the years the land was transformed by the government from a rubber estate to a thriving township with roads, flyover, buildings, facilities and infrastructure.

[7]The second significant event was an ex-parte leave application filed by Semantan Estate on 9.8.1983 which leave for a mandamus to compel the Collector of Land Revenue to complete the acquisition process was granted on 8.12.1983. The High Court upon hearing the parties struck out the Originating Motion for Mandamus on ground that it was barred by s 2(a) of the Public Authority Protection Act 1948 (“PAPA 1948”).

[8]On appeal the Supreme Court in its judgment reported in Semantan Estate (1951) Sdn Bhd v Collector of Land Revenue Wilayah Persekutuan [1987] CLJ (Rep) 329 (“Semantan Estate Supreme Court GOJ 1987) held that mandamus would not be issued when the owner had not exhausted its right of appeal then against the High Court order. In any event where the delay is long, mandamus will not be issued. In doing so it affirmed the decision of the High Court and dismissed the appeal.

[9]Semantan Estate filed a writ action in the High Court on 2.3.1989 vide High Court D4-21-4-89 for 1) a declaration that it retained its beneficial interest in the 263.272 acres of land of which the Government has through its servants and/or agents taken unlawful possession of and that it is entitled as against the Government to possession thereof; 2) mesne profits as damages for trespass and 3) costs. The writ action was struck out by the High Court and Semantan Estate appealed to the Supreme Court and the Federal Court on 3.10.1994 allowed its appeal and set aside the order of the High Court.

[10]Semantan Estate filed a fre