By Azira Shaharuddin, NST Streets, MONDAY, APRIL 14, 2008

KUALA LUMPUR: City Hall (DBKL) maybe at risk of contempt of court for failing to inform the developer of Bukit Gasing to stop work on the hill. DBKL was last week issued with an exparte interim injunction by the High Court to halt all development work on the hill, but it failed to inform the developer of the order.  All work was supposed to have stopped pending a hearing later this month. Taman Gasing Indah residents’ counsel Sivarasa Rasiah said DBKL had taken the wrong approach to the order, as it clearly stated that all action on the hill must stop.

He added he had issued a notice to DBKL that failure to issue a stop work order to the developer, Gasing Meridian (M) Sdn Bhd, pending the court hearing could result in contempt of court.

“1 will be discussing with the residents soon to see what further action they want to take,” he added. He said the court hearing later this month would be a three-sided affair, between residents, DBKL and the developer, instead of being between just the residents and DBKL as was the case before the court order was issued.

“The developer’s part will be as a party to the judicial review,” he added. Meanwhile, Bukit Gasing joint action committee chairman Derek Fernandez, who is also acting as counsel for the residents, said work on the hill was going on as if the stop work order had not been issued. An official from DBKL’s legal department, however, said the in-junction was only addressed to City Hall and did not mention anything about the developer.

He added that the order did not instruct DBKL to issue a stop-work order to the developer. The officer said DBKL had stopped processing documents for work to be carried out on Bukit Gasing. Fernandez said DBKL was obliged to inform the developer to not proceed with work because the court had ordered a stay of development order. “The order is a stop-work order and just because it is not addressed to the developer does not mean he can carry on work.

“The developer is engaged by City Hall and therefore it applies to both.” On whether there was a deadline for DBKL to inform the developer, he said it should be done’immediately.

On Thursday, it was reported that work to put up hoarding had not stopped despite the High Court order. The developer said the company had not received any directive from DBKL to stop work.

 

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