KUALA LUMPUR – The Court of Appeal today unanimously ruled that the 2017 development order obtained by Yayasan Wilayah Persekutuan and developer Memang Perkasa Sdn Bhd's joint venture for their Taman Rimba Kiara project is null and void.
In a statement today, the Taman Tun Dr Ismail Residents’ Association and Save Taman Rimba Kiara Working Group said this decision is a major victory for the community and neighbouring communities who have been relentless in their fight and commitment to preserve Taman Rimba Kiara.
The group has been protesting the development project since 2016.
“This long and difficult struggle has been possible because of our collective unity, perseverance and commitment to protect our green space against the might of commercial interests, coupled with the staunch support of our Segambut MP, Hannah Yeoh.
“Concurrent with today’s decision, we reiterate our desire for new housing for the longhouse families and we will continue in our efforts to get a proper and fair resolution to permanent housing for the families. They are our neighbours and partners in the TTDI community and we will stand with them.”
Following the judgment, the groups called on Kuala Lumpur City Hall and the Federal Territories Ministry “to finally do the right thing” and leave Taman Rimba Kiara untouched.
“Let us work together to deliver affordable, low-density, permanent housing for the longhouse residents within the existing four acres (1.6ha) of the longhouses and leave Taman Rimba Kiara to be the wonderful public park that it already is.”
Meanwhile, Yeoh in a statement congratulated the legal team – comprising Christopher Leong, Aliff Benjamin Suhaimi, Abraham Au and Phoebe Loi – led by Prof Gurdial Singh Nijar.
“I felt that the new Harapan administration could do better than just scaling down the development approved by (the previous) BN (government). I went to see many politicians to argue my case. Some agreed with me. Some felt I was being unreasonable.
“There were plenty of exchanges between me and the (then) FT minister in the news. Supporters of Harapan and BN watching on the sidelines said such open infighting was terrible.”
When Pakatan Harapan won the 2018 general election, Shah Alam MP Khalid Abdul Samad was appointed Federal Territories minister. He was replaced by Tan Sri Annuar Musa after the Sheraton Move last February led to Perikatan Nasional taking over the federal government.
“Fighting with your political opponent is difficult. Fighting with your own administration and colleague can be painful.
“But with every difficult step I had to take in the last few years (including the threat of being sued for RM10 million by landowner Yayasan Wilayah Persekutuan) and each time I questioned if I had done the right thing, my residents and my voters were right there to cheer me on.
“Today justice prevailed. When the local authority, FT ministers (old and new) and MACC failed us, the Court of Appeal restored my faith.”
The Taman Rimba Kiara case, now in its sixth year, involves a legal challenge against a development project consisting of nine apartment blocks. In 2018, the residents had lost the case in the high court.
Part of the objection is due to the demolishing of longhouses to make way for the project in one of the city’s last green lungs.
Registered land proprietor Yayasan Wilayah Persekutuan previously said the scaled-down version of the project would not encroach into the boundaries of the public park. – The Vibes, January 27, 2021