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KUALA LUMPUR: Gasing Meridian Sdn Bhd (GMSB), the developer of the Sanctuary Ridge Kuala Lumpur City project, comprising 70 bungalows on a 15.5-hectare site in Bukit Gasing, wants Bukit Gasing residents, who lost their legal action against GMSB, to pay damages.
High Court Judge Datuk Aziah Ali set June 24, for re-mention of the application after meeting counsel R. Sivarasa for the 108 residents and counsel Joslyne Goonting for the GMSB, in chambers Friday.
He said the court set for re-mention of the application pending the disposal of the residents appeal over the High Court’s refusal for a judicial review application.
Sivarasa said the GMSB sought damages as it claimed it could not proceed with the project following the legal action by the residents.
“But, we are saying that there is no legal basis for such damages in judicial review. This is not like an injunction, where the court can order damages,” he said.
On Sept 6, last year, Aziah rejected the residents’ judicial review application to challenge the development order issued by the Kuala Lumpur Mayor for the controversial hill slope project in their area, which is one of the few green lungs near Kuala Lumpur.
Aziah had ruled, that based on the Federal Territory (Planning) Act 1982, the 108 residents did not have the right to be heard for the development.
The residents later filed for a judicial review in January 2008, claiming that the mayor had failed to take into account that they had the right under Common Law, to be given due notice and a chance to voice their opinion, in the decision-making process.
They claimed that the mayor had acted contrary to the policy and intent of the Federal Territory (Planning) Act 1982.
On April 24, 2009, the residents were granted leave by High Court JudgeDatuk Lau Bee Lan to initiate the judicial review to challenge the mayor’s order.
On Nov 20, 2009, in a 2-1 majority decision, the Court of Appeal dismissed KL mayor and GMSB’s appeal to set aside the High Court order.
Their leave to appeal over the Appeal Court’s ruling was also denied by the Federal Court on March 19, 2010, and the court ordered the case to be heard on merit at the High Court. – Bernama