Gary Yeoh, YB Sivarasa Rasiah and Mohd.Kamar outside the KL High Court.

Gary Yeoh, YB Sivarasa Rasiah and Mohd.Kamar outside the KL High Court.

The usual intrepid group of supporters for Judicial Review against DBKL ignoring residents’ fears of “Highland Towers Disaster” at their doorsteps were at court again today. Hopes for progress were soon put to test. The lawyers for DBKL and the developer contended that the Judicial Review action was filed outside the time limit allowable, and for brevity and completely the writers take on proceedings, residents should wait for events like “Highland Towers” or Medan Damansara before there can be justifiable causes to take court action against the Mayor of KL.

According to the lawyers of DBKL and developer, residents should have recognized that “sub-division of land” approval was a Development Order (DO) and rush to court. Clearly, residents should not have believed DBKL director of planning’s explanation that it’s only an administrative approval and DBKL not providing copies of the approval, it’s “semuanya ok”. As for the subsequent approvals for hoarding and earthworks, they are but consequences of the original DO. Heads they win, tails we loose. It was also suggested that hoardings are not buildings, clearly not being part of foundation doesn’t constitute “building”.  I think that might have been the gist of some recitals.

Somehow, despite KL being part of Malaysia, Town & Country Planning Act amendment of 2001 (Act A1129) seeking to harmonize planning regulations across Malaysia don’t apply to Federal Territories (i.e. KL). Residents of KL deserve to have less rights than residents of PJ and the rest of non-Federal Territory residents.

As arguments went into town planning law history, back to the 1930s and going forward, we passed 5:05pm. So, the hearing was adjourned and by grace of the Judge (Mdm Lau), continuation by lawyer for developer would be on this Friday (28th Nov) commencing 11am.

The waiting continues.  Justice delayed but we hope it will not be for much longer.

Gary Yeoh
JAC for Bukit Gasing.

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