Bukit Gasing folk 'can challenge hillslope development'

2009/11/21

PUTRAJAYA: Bukit Gasing residents have a case before the High Court on why the Kuala Lumpur City Hall must hear their reservation pertaining to a hillslope development project in their vicinity. The Court of Appeal yesterday, in a majority ruling, dismissed the appeal by Datuk Bandar of Kuala Lumpur and the developer, Gasing Meridian Sdn Bhd.

Judges Datin Paduka Zaleha Zahari and Datuk Mohd Hishamudin Mohd Yunus were in the majority while Datuk K.N. Segara dissented.

There were no written grounds.

In April the High Court granted leave to 108 Bukit Gasing residents for a judicial review application to quash the development order by the Datuk Bandar pertaining to the hillslope development project.

The Datuk Bandar, in an order dated Oct 2, 2008, issued to Gasing Meridian, allowed the developer to carry out earth works and sub-divisions in the area.

The developer is involved in the Sanctuary Ridge Kuala Lumpur City project, to build 68 bungalows on a 15.5ha site in Bukit Gasing.

In their application for leave the residents, represented by Sivarasa Rasiah and Derek Fernandez, claimed that the Datuk Bandar had failed to take into account that they had a right to be given due notice.

The residents added that as ratepayers they must be given a chance to voice their opinions in the decision-making process of planning. They said that the Datuk Bandar had acted contrary to the policy and intent of the Federal Territory (Planning) Act 1982.

Following the dismissal of the appeal, the High Court can proceed to hear the merit of the residents' application.

Fernandez said yesterday's ruling was testimony that local authorities must hear the views of ratepayers should any development project affect them.