KUALA LUMPUR – The Kuala Lumpur mayor is seeking to reverse the Court of Appeal’s decision quashing City Hall’s development order in Taman Rimba Kiara, arguing that the ruling will result in stunted projects in the capital.
In a sworn affidavit, Kuala Lumpur City Hall (DBKL) Legal and Prosecution Department deputy director Izmah Nor Idris said the city’s development will come to a standstill if everyone claiming to be adversely affected by decisions to grant planning permissions could put forth challenges.
“Everyone, in one way or another, would be affected by any proposed development.”
The reasoning behind this is a concept called “locus standi”, which roughly translates to someone’s right to bring an action to court.
Given that there are hundreds of developments in Kuala Lumpur, it is important for the Federal Court to decide who has the right to initiate action against DBKL or Mayor Datuk Mahadi Che Ngah over the granting of planning permissions.
Last month, the Court of Appeal declared the Taman Rimba Kiara development order granted by DBKL null and void after various parties, including the Taman Tun Dr Ismail Residents’ Association, initiated a judicial review application.
The case, now in its sixth year, involves a challenge against the development of nine apartment blocks. In 2018, residents lost their fight in the high court.
The affidavit on behalf of the mayor and DBKL said under Rule 5 of the Planning (Development) Rules 1970, only registered owners of adjoining land can object to proposed developments.
The Court of Appeal previously decided that Rule 5 requires those on adjoining land to be notified and heard at the time planning permissions are under consideration.
However, the rule is not relevant when it comes to those who can initiate a judicial review application, said the affidavit.
The applicant only needs to show that they are adversely affected by the decision.
“Without a specific definition given to the persons who can object, it will be practically impossible for the applicant to carry out its tasks to hear the objections of the persons who are qualified,” said the affidavit.
This is why, according to the mayor, the matter of locus standi must be determined.
It was reported that Yayasan Wilayah Persekutuan and developer Memang Perkasa Sdn Bhd, along with DBKL and a group representing longhouses in Taman Rimba Kiara, have filed applications for leave at the Federal Court.
The bid seeks to challenge the appellate court’s ruling favouring TTDI residents.
A lawyer representing the TTDI residents said the parties earlier this week filed four leave applications. – The Vibes, February 27, 2021
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