Court of Appeal rules against Bukit Gasing residents
PUTRAJAYA, March 6 — The Court of Appeal here in a majority decision ruled against 108 Bukit Gasing residents' legal action to stop a hill slope project adjacent to their Petaling Jaya neighbourhood, today.
The court was in agreement with a High Court's dismissal of their judicial review application to challenge the issuance of a development order by the Kuala Lumpur mayor, according to Bernama Online.
Court of Appeal judge Datuk Zaharah Ibrahim delivered a 2-1 majority verdict. Justice Datuk Ramly Ali concurred with her while Justice Datuk Jeffrey Tan Kok Wha dissented.
In her decision, she disagreed with the residents' submission through their lawyer R. Sivarasa, that the amended Town and Country Planning Act 1976 which stipulated residents should have a right to a public objection hearing extended to the Federal Territory.
She said the Federal Territory (Planning) Act 1982 was more applicable to areas falling under the Federal Territory. In this act, a public hearing is possible only if the land is used for other purposes or the proposed move leads to the increase in population density.
Justice Tan in his dissenting decision said Kuala Lumpur City Hall failed procedurally by disallowing the residents a public hearing before issuing the developed order, which falls under the Town and Country Planning Act.
The residents filed the application in 2008 for a judicial review at the Kuala Lumpur High Court to block the Kuala Lumpur mayor's development order for a 15.52ha site in Bukit Gasing — to complete the Sanctuary Ridge Kuala Lumpur City project.
The October 2, 2007 order was issued to Gasing Meridian Sdn Bhd (GMSB) to execute earth works and subdividing the area, before building 70 luxury units. GMSB claims the land was private and not been gazetted as a green lung or natural forest.
The residents claimed in the judicial review application that the mayor had failed to factor them under Common Law and therefore give them due notice and an opportunity to affect the decision-making process.
The High Court rejected their application on September 6, 2010, forcing the residents to raise the matter up to the Court of Appeal.
Bukit Gasing Joint Action Committee member Mohamed Kamar Mohamed said the residents were disappointed.
The residents he said have to meet and decide if they want to appeal their case up to the Federal Court.
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