Court dismisses review by 10 U-Thant residents on SPE construction

Ten residents in Jalan U-Thant failed today in their challenge against the construction and design of the Desa Pandan alignment of the Setiawangsa-Pantai Expressway (SPE).

This follows the High Court in Kuala Lumpur dismissing the merits of the residents’ judicial review after granting leave in the middle of this year.

In dismissing the challenge, Justice Azizah Nawawi said the SPE highway is clearly meant for public purposes and public interests.

“I agree with the respondents that the Desa Pandan alignment is part of the SPE highway, connecting north and south of Kuala Lumpur.

“The purpose of the SPE highway, including the Desa Pandan alignment, is to serve the general interest of the community at large, to resolve the traffic congestion by providing a better and more efficient traffic dispersal system and to enhance connectivity with other transportation systems towards KL's development,” she said.

Justice Azizah also said the health and social concerns associated with the project had been dealt with in an Environmental Impact Assessment (EIA).

She said the EIA report, which was dated June 30 last year, had taken into account considerations about noise pollution and the steps to construct barriers to minimise the issue.

“Therefore, it cannot be said that the decision to approve the Desa Pandan alignment is illegal, irrational and unreasonable,” he said.

The residents who were represented by lawyers David Matthews, Aliff Benjamin and Gavin Jayapal, had named Works Minister Fadillah Yusof, Malaysian Highway Authority (LLM), Kuala Lumpur City Hall, the government and Lebuhraya DUKE Fasa 3 Sdn Bhd as respondents.

Leave was granted this year on June 9 to the residents to challenge the alignment’s construction, when a stay on the proposed project was allowed. However, following the inter-parte hearing, the stay was lifted.

The residents claimed that on Jan 1, 2016, the government through the minister awarded the concession to design and build the Duta-Ulu Klang Expressway.

Hence, they were seeking an order to quash the decision by the respondents to approve the Desa Pandan alignment, and a declaration that the approval for that alignment did not take into account the health and social impact on the Jalan U-Thant residents.

They were also seeking a declaration that the alignment was unlawful, irrational and unreasonable and not in compliance with the Highway Authority Malaysia (Setbacks of Highway) Regulations 2012 and LLM's Garis Panduan Jarak Undur Lebuhraya.

Justice Azizah also addressed complaints that the construction did not comply with the Highway Authority Malaysia (Setbacks of Highway) Regulations 2012 and Garis Panduan Jarak Under Lebuhraya.

“I am of the considered opinion that the compliance of the LLM regulations is relevant only to the challenge against the approval of the design and specification of the Desa Pandan alignment, and not the approval for the alignment itself,” the judge said.

The judge also noted that the new design is different from the old design which had been the subject matter of the applicant's application.

The new design was approved by LLM this year on Nov 15.

Justice Azizah ordered the residents to pay RM3,000 to each of the respondents.- Mkini