KUALA LUMPUR – There was a conflict of interest involving the Kuala Lumpur mayor when approval for development at Taman Rimba Kiara was given, ruled the Court of Appeal.
In its judgement, the court pointed out that the mayor was also a member of Yayasan Wilayah Persekutuan’s (YWP) board of trustees.
YWP entered into a joint venture agreement on April 7, 2014, with developer Memang Perkasa Sdn Bhd for the development project in Taman Rimba Kiara.
“The fact that the application was made in the joint names of YWP and Memang Perkasa does not make any difference to the conclusion that there is a conflict of interest present between the applicant and the decision-maker who granted the development order.
“We take the position that the commercial interests of YWP under the joint venture agreement, where the KL mayor is a member of the board of trustees of Yayasan, is sufficient to say that the test of conflict of interest has been met, thus tainting the development order granted by the KL mayor,” the court said in its judgement.
In early June 2016, the mayor erected a notice informing the public that it had received an application for planning permission to develop residential strata properties at the park.
A development order was then issued on July 13, 2017, for the proposed development.
The court also made reference to the terms in the joint venture agreement, saying it could possibly restrain the mayor’s discretion when deciding whether to grant the planning permission to secure the development order.
It was also said that YWP’s financial and commercial interests were entirely dependent on the development getting approved.
“Without such approval, there would be no joint venture, nothing to develop and no financial gain,” the court said.
Yesterday, the Court of Appeal delivered its judgement that the development slated for Taman Rimba Kiara was null and void.
Taman Tun Dr Ismail (TTDI) Residents’ Association, which was party to the judicial review, said the decision was a victory for the community, whose members have been relentless in their fight to preserve the green lung. – The Vibes, January 28, 2021
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