THE landmark decision by the Federal Court to dismiss an appeal by the Kuala Lumpur City Hall (DBKL) and three others over a controversial project utilising parts of Taman Rimba Kiara has set the precedent for future court cases involving local governments.
Kepong MP Lim Lip Eng remark came after the apex court had put an end to the seven-year legal saga by upholding the Court of Appeal’s decision to quash the development order (DO) for a high-rise project at the public park in Taman Tun Dr Ismail (TTDI), Kuala Lumpur.
“This ruling sets a new direction for the future conduct by local authorities, whether state governments or local councils that they cannot bulldoze their ways to implement a land development project that could eventually affect the local residents and other stakeholders,” Lim said in a statement today (April 19).
“Henceforth, residents can jointly file a case in the court of law against the local governments and challenge the development orders that involve planning and environmental law.”
Lim further noted that following the landmark victory, local governments are required to go through the due process of seeking the views of members of the public who have a genuine interest in their neighbourhood.
“This is so that they can participate in the decision-making process before any land development orders can be granted,” he added.
Yesterday, a three-person bench led by Chief Judge of Malaya Datuk Mohamad Zabidin Mohd Diah, along with Federal Court judge Datuk Nallini Pathmanathan and Federal Court judge Datuk Rhodzariah Bujang delivered their unanimous decision after finding no merit in the appeal filed by Yayasan Wilayah Persekutuan (YWP), DBKL and developer Memang Perkasa Sdn Bhd.
In their judicial review application filed in 2017, the TTDI residents sought to quash the development order for the proposed development project — consisting of a 29-storey apartment block with 350 units of affordable housing, as well as eight blocks of service apartments and eight storeys of parking facilities.
The proposed project was first introduced during Datuk Seri Tengku Adnan Tengku Mansor’s tenure as federal territories minister in 2016.
They claim that the 10.08-hectare Taman Rimba Kiara is a public park located in TTDI and Bukit Kiara area, and the proposed development would increase the density of TTDI and irreversibly degrade Taman Rimba Kiara as a green lung.
The residents initially lost their case in the High Court on Nov 28, 2018, but filed an appeal.
The Court of Appeal then ruled in favour of the residents on January 27, 2021. They are listed as the management bodies of Trellises Apartment, Kiara Green Townhouses, Residence Condominium, TTDI Plaza Condominium, The Greens Condominium, TTDI Residents Association and four TTDI residents and house owners.
However, DBKL, together with the developer Memang Perkasa and YWP appealed against the appellate court’s decision to reinstate the development order for the project. – April 19, 2023
