Nov 20, 09 4:26pm – Malaysiakini

Kuala Lumpur City Hall and a developer today failed to prevent 108 Bukit Gasing residents from challenging a development order by the Kuala Lumpur mayor pertaining to a hillslope development project in the area.

Court of Appeal judge Zaleha Zahari and Mohd Hishamudin Mohd Yunus dismissed KL City Hall’s appeal in a 2-1 majority decision, with justice KN Segara dissenting.

In an oral decision, justice Zaleha said after going through the submissions of both parties, the applicant’s appeal was dismissed.

The residents claimed that the mayor had failed to take into account that they had a right under common law to be given due notice, and be given a chance to voice their opinions in the decision-making process of planning.

 KL City Hall and the developer, Gasing Meridian Sdn Bhd (GMSB), are appealing against the High Court decision on April 24, in granting leave for a judicial review to the residents to quash the mayor’s order.

GMSB is the developer involved in the development of Sanctuary Ridge Kuala Lumpur City – a project to build 68 bungalows on a 15.5ha site in Bukit Gasing.

‘Residents have rights’

Lawyers R Sivarasa and Derek Fernandez, appearing for the residents, told the media that the residents should have the right to voice their opinion as there might be landslides affecting the lives and property of those staying near the hill.

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