Kuala Lumpur City Hall (DBKL) and three others obtained leave to commence with an appeal to reinstate the development over a portion of Taman Rimba Kiara public park.
The Federal Court today granted leave to DBKL - as well as Yayasan Wilayah Persekutuan, developer Memang Perkasa Sdn Bhd and an association representing longhouse residents in Taman Rimba Kiara - to proceed with the appeal to reinstate the development order (DO).
In effect, this means the apex court will later set a date to hear the merits of the appeal proper from all parties in the matter.
The unanimous decision was delivered by a three-person Federal Court bench chaired by the Chief Judge of the High Court of Malaya, Azahar Mohamed.
The other two members of the panel are Federal Court judges Zaleha Yusof and Rhodzariah Bujang.
The Federal Court granted the leave, following submissions from parties in the matter.
DBKL, the foundation, the developer and the association are appealing against the Court of Appeal decision on Jan 27, which allowed an appeal by Taman Tun Dr Ismail (TTDI) residents to quash the DO for the development of part of Taman Rimba Kiara.
Today was set for the Federal Court hearing of the four appellants’ application for leave to commence with the appeal against the Court of Appeal decision.
The TTDI Residents’ Association then had hailed the Court of Appeal's Jan 27 decision as a major victory in the fight to preserve the public park.
DBKL issued the DO on July 13, 2017. The project was first proposed by former federal territories minister Tengku Adnan Tengku Mansor in 2016.
The proposed project comprises four 40-storey luxury service apartments (1,082 units) and one 17-storey affordable housing block (204 units).
Four core legal questions
Several protests were held in 2016 and in subsequent years against the proposed development of Taman Rimba Kiara.
During the Pakatan Harapan federal administration, then federal territories minister Khalid Samad proposed a scaled-down development and called it a “win-win solution” as it saved the ministry from having to compensate the developer RM150 million if the project was cancelled.
The project was reduced from 4.9ha to 3.2ha. Taman Rimba Kiara spans 10.1ha.
When contacted after the online Federal Court proceedings, DBKL's counsel B Thangaraj confirmed the outcome of the Zoom hearing.
The lawyer said that the Federal Court has directed all parties to focus on four core legal questions for the forthcoming hearing of the merits of the appeal.
"The four legal issues are on locus standi (legal standing to file a legal action), conflict of interest, the Kuala Lumpur Structure Plan and the duty to give reasons," Thangaraj said.
He said that the issue of locus standi is in relation to whether the TTDI residents have legal standing to file the initial legal action at the High Court in Kuala Lumpur.
He explained that the issue of conflict of interest is in relation to the allegation that Yayasan Wilayah Persekutuan is the owner of the land and that the DBKL mayor was allegedly a member of the board.
Thangaraj said that the third legal issue is on whether the KL Structure Plan is applicable in the matter, and the fourth issue is on whether DBKL has a duty to give reasons to objectors regarding the DO.
During today's Zoom proceedings, former Federal Court judge and current private practice lawyer Gopal Sri Ram represented Memang Perkasa, while lawyer Cecil Abraham appeared for Yayasan Wilayah Persekutuan.
Counsel Harpal Singh Grewal represented the association of longhouse residents.
Lawyer Gurdial Singh Nijar represented the TTDI residents, who are the respondents in the proceedings. - Mkini
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