SEVEN fishermen, led by Zakaria Ismail, Sahabat Alam Malaysia (SAM) and Jaringan Ekologi dan Iklim (JEDI) have applied for judicial review to challenge the planning permission given by the State Director of the Town and Country Planning Unit on Aug 21, 2023 for the Penang South Reclamation Project (PSR).
They filed the application on Dec 29, 2023 at the Penang High Court.
The applicants are suing the State Director of the Town and Country Planning Unit, the State Planning Committee, the State Government and SRS Consortium Sdn Bhd.
The first applicant, Zakaria who is the head of Unit Nelayan Sg Batu is bringing the action for and on behalf of himself and the fishermen living and conducting fishing activities off the coast of Penang who are adversely affected by the PSR project.
In a joint statement today, the applicants said that on Feb 5, 2024, the Penang High Court granted leave to the applicants to proceed with the judicial review application.
In the application for judicial review, among others, the applicants have requested a declaration that the grant of planning permission by the Town and Country Planning Unit on Aug 21, 2023, is void and of no effect as it violates the provisions of the Town and Country Planning Act 1976.
They are also seeking an order of certiorari to quash the decision granting the planning permission to the Penang government to commence reclamation works for the PSR project in the Southwest District of Penang.
"We want the state government and SRS to immediately restore all or any damage to the area where reclamation works commenced and an order that the respondents pay damages to the applicants and all fishermen represented by them over the loss of their income, which is to be assessed by the court," said the applicants.
The applicants are also seeking an order that the planning permission granted for the PSR project, and all other processes and reclamation works be stayed pending the final disposal of this judicial review application and costs.
The project impacts are already being seen and felt by the fishermen, they said.
The stay application will be heard once the court fixes a date during the case management on February 19, 2024.
Among the grounds cited for the judicial review application are that the respondents failed to comply with several provisions in the Town and Country Planning Act 1976 and there was no completed Environmental Impact Assessment Report for the PSR Project at the time the planning permission was granted
Other grounds for the judicial review include the many adverse environmental and social impacts of the project, and irretrievable destruction to the livelihood of the fishermen in the area was not taken into account by the DOE in approving the EIA Report in granting planning permission. - The Vibes, February 14, 2024
