8.35 am Kuala Lumpur High Court R1:
Last week tackle mak, now anak pulak…
On the last hearing the residents were also granted leave to quash the decision of the Kuala Lumpur mayor not to hold a public hearing on the application by Gasing Meridian Sdn Bhd (GMSB) for a development order.
Judge Lau Bee Lan directed the mayor, who is the respondent in the case, to forward a copy of the reports and documents pertaining to the application by GMSB to the residents at least a month before the next court hearing.
The documents would include reports from a geological survey, soil structure and soil stability evaluations, proposed geohazard monitoring, hydrology report, environmental impact assessment (EIA), traffic impact analysis and social impact analysis from the authorities.
Also to be submitted are proposed site and lay-out plans, the earthwork plan with sections, the development report and documents produced by experts or consultants engaged by GMSB.
In their grounds of application, the residents, represented by counsel R. Sivarasa, said the mayor had erred in law and acted in excess of his jurisdiction when he wrote the letter stating that the procedure for hearing objections would not be implemented as it would violate existing rules and regulations.
The residents claimed the mayor had failed to take into account that they had a right under common law to be given due notice and to be given a chance to voice their opinions in the decision-making process of planning.
They stated that the mayor had acted in contrary to the policy and intent of the Federal Territory (Planning) Act 1982 (Act 267). Hopefully now with the Pakatan people around, things can be more transparent and in accordance to the law. Am I saying that the oppositions are of high calibre as wakil rakyat, that’s for you to interpret…
The Act also required the preparation of a local plan for Kuala Lumpur, which would have given not just adjoining owners, but all persons in the Federal Territory, a right to be heard in respect of the development plan for their area. The residents said the proposed development of 71 bungalows would be on steep hill slopes.
They also claimed that the 13 major landslides which had occurred in the Klang Valley and nationwide since 1993 provided ample proof of the real dangers in carrying out development projects on such steep slopes.
These included a landslide which was apparently caused by hill slope development in 1971 which severely damaged six government owned bungalows along Jalan Tanjung, Bukit Gasing. Thanks to lawyer Fernandez who shared the precise facts and his views on this matter to me.
Lau proceed today for an inter-parte hearing for the residents’ application to stop all further proceedings and actions by the mayor in respect of the application for planning permission by GMSB, pending the disposal of the inter-parte hearing for judicial review.
[Indeed Anwar's daughter (Nurul) does has a great complexion!]
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