19th March 2010 – Federal Court rejects leave for appeal by DBKL and Gasing Meridian Sdn. Bhd.

The Federal Court announced its decision of rejecting leave for appeal by DBKL and Gasing Meridian Sdn. Bhd (GMSB) this morning. Chief Justice Tun Dato’ Seri Zaki bin Tun Azmi expressed the court’s view that the appeal was unnecessary and granted costs of RM20,000 each to be paid by the appellants (DBKL and GMSB). The court viewed that it is time to impose higher costs to deter unnecessary appeals.  The other two judges on the panel were Dato’ Md. Raus bin Sharif and Dato’ James Foong Cheng Yuen

As residents and applicants for Judicial Review of DBKL’s decision to deny us a public hearing on GMSB’s proposed development on the remaining substantive green area on Bukit Gasing (KL-side), we are relieved that finally the High Court can proceed with a fully Judicial Review hearing.  Since our filing of Judicial Review application in February 2008 we discovered (through the inter-parte leave hearings at the High Court) that DBKL had granted development orders for sub-division of land, erection of hoardings and earthworks. We have questions on compliance to regulation by DBKL in granting such development orders.

It has been a long two years wait for Judicial Review to commence. It is time that DBKL actions in dismissing concerns on landslide risks to residents and existing properties be reviewed. The way DBKL approves development on unstable steep hill slopes can now be reviewed for compliance to regulations.

In the Kuala Lumpur Structure Plan 2020, DBKL declares its desire for partnership with the public as part of its support for Local Agenda 21 principal and philosophy.  Amongst the many emphasis on responsible development and management of environment is one on,  “The natural features of parts of Bukit Gasing shall be protected and developed as parks for recreational purposes.”. It is time for DBKL to be examined on whether they are playing lip serve to the Kuala Lumpur Structure Plan 2020 and really supports sustainable development.

The residents will stand resolute in the fight for transparency and justice. Support us in our fight.

Gary Yeoh – JAC for Bukit Gasing.