KUALA LUMPUR – The residents of Taman Tiara Titiwangsa have won their long-standing case against Kuala Lumpur City Hall (DBKL) over the former’s objections against a high-density project awarded to Yayasan Wilayah Persekutuan (YWP).
One of the two respondents, Datuk Mohamad Yusof A. Bakar, said the Federal Court had ruled that DBKL’s appeal on the matter was “futile” as the Kuala Lumpur City Plan (KLCP) 2020 had come into force.
In a statement, Yusof said the court had noted DBKL’s approval of a development order (DO) for another development in the parcel of land, known as Lot 9885, under the KLCP.
“This DO for the new development is also being challenged by the residents in another suit in the high court.
“With the Federal Court’s decision today, the residents have succeeded to defend the earlier CoA’s rulings that technical reports are relevant and (are) essential documents for the residents to raise their objections in DBKL’s 27.2.2017 hearing (held pursuant to Rule 5 of Planning Rules 1970),” Yusof said.
The appeal was dismissed, with the RM50,000 cost to be paid by DBKL to the residents.
The team of lawyers who represented residents of Taman Tiara Titiwangsa consisted of Datuk Cyrus V. Das, Derek J. Fernandez, L.S. Leonard, R. Thanasegar, and Poh Kuang Horng.
In April 2019, Setiawangsa MP Nik Nazmi Nik Ahmad slammed DBKL for its move to make an appeal against the appellate court’s decision in declaring its public objection hearing null and void, as it was inadequately conducted.
According to previous news reports, the residents – in the appeals court – had then argued that the hearing did not allow them to present their case meaningfully, as provided under Rule 5, which accorded them the right to public participation in planning and development control.
At the time, Nik Nazmi said DBKL should learn a lesson from the ruling by improving the way it carries out public objections to development projects, instead of filing appeals.
In the statement today, Yusof also pointed out that DBKL had held the position of a trustee in the landowner’s company, and was an interested party in the hearing.
He said on March 13, 2019, the appellate court declared DBKL’s 2017 public hearing null and void.
“The CoA’s findings were DBKL’s failure to give full disclosure of the proposed planning, and the relevant technical reports deprived the residents of Taman Tiara Titiwangsa of a full and impartial hearing, and DBKL was an interested party in its own planning decision,” he said.
Yusof said following the defeat at the appellate court, DBKL went ahead to grant the DO for new development in Lot 9885, in line with the KLCP.
“When the Kuala Lumpur City Plan, which is a local plan, comes into force, DBKL can approve DOs without convening a public hearing for residents’ objections,” he said.
Yusof said despite granting a DO for a new development on Lot 9885, DBKL still pursued the appeal against the CoA’s decision, which led to the CoA declaring DBKL’s public hearing in 2017 null and void.
“The residents’ lawyers argued in Federal Court today there is no longer any useful purpose for DBKL to pursue its appeal, since DBKL has not given any consideration to the earlier CoA’s decisions and went ahead to issue a DO without a public hearing pursuant to the KL City Plan,” he said. – The Vibes, July 4, 2022
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