Bukit Gasing residents can challenge mayor's order
Tags: Gasing Meridian Sdn Bhd | Kuala Lumpur City Hal
Written by Bernama
Friday, 20 November 2009 16:22
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PUTRAJAYA: Kuala Lumpur City Hall and a developer today failed to prevent 108 Bukit Gasing residents from challenging a development order by the Kuala Lumpur mayor pertaining to a hillside development project in the area.
Court of Appeal Judge Datuk Paduka Zaleha Zahari and Datuk Mohd Hishamudin Mohd Yunus dismissed KL City Hall's appeal in a two-to-one majority decision, with Justice KN Segara dissenting.
In an oral decision, Justice Zaleha said after going through the submissions of both parties, the applicant's appeal was dismissed.
KL City Hall and the developer, Gasing Meridian Sdn Bhd (GMSB), are appealing against the High Court decision on April 24, in granting leave for a judicial review to the residents to quash the mayor's order.
GMSB is the developer involved in the development of Sanctuary Ridge Kuala Lumpur City — a project to build 68 bungalows on a 15.5ha site in Bukit Gasing.
Counsels R Sivarasa and Derek Fernandez, appearing for the residents, told the media that the residents should have the right to voice their opinion as there might be landslides affecting the lives and property of those staying near the hill.
Fernandez said the hearing date for the judicial review had yet to be fixed by the High Court due to the appeal.
Romesh Abraham acted for KL City Hall and Datuk R R Sethu for GMSB.
The Kuala Lumpur mayor, in an order dated Oct 2, 2008 issued to GMSB, allowed the developer to carry out earth works and sub-divisions in the area.
In their application for leave, the residents named the KL City Hall and GMSB as defendants.
The residents claimed that the mayor had failed to take into account that they had a right under common law to be given due notice, and be given a chance to voice their opinions in the decision-making process of planning.
They said that the mayor had acted contrary to the policy and intent of the Federal Territory (Planning) Act 1982. - The Edge Malaysia
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