KUALA LUMPUR – Legal practitioners have hailed the Court of Appeal’s decision to declare null and void a development project at Taman Rimba Kiara as a significant step forward in protecting the environment.
Bar Council Environment and Climate Change Committee member Kuhan Manakoran emphasised the importance of urban green spaces.
The lawyer said the judgment ensures that developers do not ruin green-lung areas, which are receding at an alarming rate.
“Urban green spaces are important for residents in a city. We live in the hustle and bustle of a metropolis, with green spaces slowly fading away.
“Society at large needs these spaces. Why tear them down just to build property?”
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.
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 as null and void.
Lawyer Joel Ruben John applauded the court’s use of the judicial review mechanism to protect the fundamental rights of a community.
Explaining that individuals are afforded rights under the law, he said rules also exist to protect these rights from being eroded by a public body or those acting on behalf of a public body.
“In this case, it is likely that the court employed the principle of proportionality.
“This means that the court will determine whether the means deployed by the public body here is proportionate to its goals, and whether public rights have been eroded.”
Sharing similar sentiments is lawyer Leon Dinesh, who told The Vibes that the court may have taken the public’s interest into consideration.
“The Court of Appeal may have considered the surrounding circumstances before making its judgment, which is to protect the public interest – mainly the residents in the area – and ensuring that public authorities are not skirting the law.”
Earlier today, Taman Tun Dr Ismail (TTDI) Residents’ Association released a statement on the court’s decision to declare the development project in Taman Rimba Kiara as null and void.
The association claims the decision as a victory for the community, whose members have been relentless in their fight to preserve the green park.
It has been protesting the development project since 2016.
Segambut MP Hannah Yeoh, congratulated TTDI residents over their victory, adding that justice has prevailed. – The Vibes, January 27, 2021
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