The court has allowed the judicial review by the Automated Enforcement System (AES) contractor Beta Tegap Sdn Bhd ruling that municipal councils have no jurisdiction on federal roads especially expressways,
Kuala Lumpur High Court’s Justice Zaleha Yusof in her decision said the AES poles were erected on areas that have been declared as federal roads by the minister.
“The Selangor government do not have jurisdiction on the North South expressway (Plus) and the South Klang Valley expressway (SKVE) as such powers are within the federal government and the Public Works Department.”
“Hence, the company need not have permission from the Sepang Municipal Council (MPS) to erect the AES poles on the federal roads,” she ruled in the judgement in allowing the judicial review application by Beta Tegap.
However, Zaleha agreed with MPS counsel submission the poles could be considered as buildings within the Local Government Act.
MPS’ counsel Gobind Singh Deo said they will appeal today's decision.
Kuala Lumpur High Court’s Justice Zaleha Yusof in her decision said the AES poles were erected on areas that have been declared as federal roads by the minister.“The Selangor government do not have jurisdiction on the North South expressway (Plus) and the South Klang Valley expressway (SKVE) as such powers are within the federal government and the Public Works Department.”
“Hence, the company need not have permission from the Sepang Municipal Council (MPS) to erect the AES poles on the federal roads,” she ruled in the judgement in allowing the judicial review application by Beta Tegap.
However, Zaleha agreed with MPS counsel submission the poles could be considered as buildings within the Local Government Act.MPS’ counsel Gobind Singh Deo said they will appeal today's decision.
On Dec 12, last year, Beta Tegap filed a leave application for a judicial review over the MPS decision, and subsequently obtained leave at the High Court seven days later.
In the judicial review application, Beta Tegap said the municipal council, through a notification letter dated last Nov 19 required the company to apply for permission to install AES poles and cameras at Km301.7 of the North-South Expressway and at Km6.6 of the South Klang Valley Expressway, both located in Dengkil, Sepang.
The MPS, in a letter dated Dec 6, ordered the company to dismantle the cameras within 14 days of the notice.
[More to follow]
In the judicial review application, Beta Tegap said the municipal council, through a notification letter dated last Nov 19 required the company to apply for permission to install AES poles and cameras at Km301.7 of the North-South Expressway and at Km6.6 of the South Klang Valley Expressway, both located in Dengkil, Sepang.
The MPS, in a letter dated Dec 6, ordered the company to dismantle the cameras within 14 days of the notice.
[More to follow]
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