NST Online » Local News 

2008/04/03

The High Court yesterday granted an interim order to a developer to stop work on a 15.52ha land in Bukit Gasing

The property owners with counsel R. Sivarasa and Derek Fernandez.

KUALA LUMPUR: The High Court yesterday granted an interim order to a developer to stop work on a 15.52ha land in Bukit Gasing 

This is despite two approvals granted by City Hall to developer Gasing Meridian Sdn Bhd (GMSB) dated Oct 2 and Nov 16 last year to proceed with the work.

Judge Datuk Abdul Wahab Patail granted the interim order, effective until April 23, when 108 property owners from Gasing Indah, Cameron Towers, Maxwell Towers, Frasers Towers and Petaling Gardens Neighbourhood Watch will attend an inter-parte hearing.

The owners are seeking to stop all further action by the Kuala Lumpur mayor in respect of the application for planning permission by GMSB, pending disposal of the inter-parte hearing.

The residents were represented by counsel R. Sivarasa and Derek Fernandez.

On March 17, the High Court granted leave for judicial review to the residents, allowing them the right to express their concerns over a development project in the area.

They were also granted leave to quash the decision of the Kuala Lumpur mayor not to hold a public hearing on the application by GMSB for a development order.

The court had directed the mayor, the respondent in the case, to forward a copy of the reports and documents pertaining to the application by GMSB to the residents before April 23.

GMSB plans to build 71 bungalows on the 15.52ha ground which it claimed was a privately owned land since 1899 and had never been part of a green lung nor a natural forest.

In their grounds of application, the residents stated that the mayor had acted contrary to the policy and intent of the Federal Territory (Planning) Act 1982 (Act 267), which required the preparation of a local plan for Kuala Lumpur, not just to 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 had also said the proposed development of the bungalows would be on hillslopes, which were prone to landslides.

One of the landslides had occurred in 1971 which severely damaged six government-owned bungalows on Jalan Tanjung, Bukit Gasing.

However, on March 25, GMSB’s group general manager, Richard See, was quoted as saying that the low-density Sanctuary Ridge Kuala Lumpur City development project would go ahead.

He said the property was freehold and had been converted and subdivided for residential use since 1977 with individual bungalow titles. This was confirmed in the Kuala Lumpur Structure Plan 2020

More…

High Court Photos

http://www.nst.com.my/Current_News/NST/Thursday/National/2202908/Article/index_html  

http://www.malaysianbar.org.my/legal/general_news/court_grants_injunction_to_bukit_gasing_residents.html

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