Malaysia

Federal Court rejects DBKL’s bid on Taman Tiara Titiwangsa: plaintiff

Ruling brands City Hall’s appeal ‘futile’ as Kuala Lumpur City Plan has come into force

Updated 4 years ago · Published on 04 Jul 2022 8:49PM

Federal Court rejects DBKL’s bid on Taman Tiara Titiwangsa: plaintiff
In April 2019, Setiawangsa MP Nik Nazmi Nik Ahmad slammed Kuala Lumpur City Hall (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. – Wikipedia pic, July 4, 2022

by A. Azim Idris

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

Related News

Malaysia / 1w

Syed Saddiq walks free: Federal Court upholds acquittal

Malaysia / 2mth

Court of Appeal: Emergency proclamations beyond judicial review

Malaysia / 3mth

Court of Appeal grants stay on order over Sabah's 40 per cent revenue entitlement

Malaysia / 4mth

Apex court grants PETRONAS leave to challenge Sarawak state laws

Malaysia / 4mth

Isa Samad wants Federal Court to reconsider its decision to convict him

Malaysia / 4mth

Family takes issue of government responsibility in Altantuya's death to Federal Court

Spotlight

Malaysia

Anwar, Zahid project unity at Putrajaya amid PH-BN differences during state polls

By Alfian Z.M. Tahir

Malaysia

Police looking for two robbery suspects who kicked elderly woman (video)

Malaysia

Malaysia will not bow to US congressional pressure over Israeli nationals’ issue - Loke (UPDATED)

Malaysia

Deaf e-hailing driver sues government, police over alleged assault, seeks disability access reforms

By Alfian Z.M. Tahir

Malaysia

Johor appoints 10 deputy exco to strengthen administration

Malaysia

Suspended police corporal charged with sexual assault of 11-year-old daughter

Malaysia

Magnitude 5.7 earthquake off northern Sumatra felt across west coast of Peninsular Malaysia

World

Trump approves potential US-Saudi nuclear deal allowing uranium enrichment capability

Malaysia

Network School moves to Kazakhstan

You may be interested

Malaysia

Telco identifies suspect in data breach as MCMC demands full report

Malaysia

West Asia conflict pushes up fuel prices as Govt raises unsubsidised RON97, RON95 and diesel

Malaysia

PRN Negeri Sembilan: BN + PN = PBN, says Hamzah

Malaysia

Immigration tracks 19 Network School foreign nationals who 'vanished' from official records

Malaysia

UMNO-Amanah spar over BN-PN ties as Unity Government tensions escalate

Malaysia

PH promises high-tech future for Negeri Sembilan with new economic growth corridor plan

Malaysia

Targeted diesel subsidy to cost billions but help reduce leakages - MOF

Malaysia

Unity Government’s record allows for greater cost-of-living relief - Anwar