The Court of Appeal has unanimously quashed the development order (DO) previously issued to Yayasan Wilayah Persekutuan and developer Memang Perkasa Sdn Bhd to jointly develop a portion of the Taman Rimba Kiara public park.
The decision was delivered today via online video conferencing by judges Mary Lim, Has Zanah Mehat and S Nantha Balan.
In an immediate statement, the TTDI Residents’ Association and the Save Taman Rimba Kiara Working Group hailed the judgement as a “major victory”.
“This decision is a major victory for our community and neighbouring communities who have been relentless and unwavering in their fight and commitment to preserving Taman Rimba Kiara.
“Many of you may recall our first protest in 2016 and the many subsequent protests held throughout the years since.
“This long and difficult struggle has been possible because of our collective unity, perseverance and commitment to protect our green space against the might of commercial interests, coupled with the staunch support of our Segambut MP Hannah Yeoh,” they said.
In light of the decision, the two groups urged Kuala Lumpur City Hall (DBKL) and the Federal Territory Ministry to construct “affordable, low density and permanent” housing for families living in the park’s longhouses.
“We reiterate our desire for new housing for the longhouse families and we will continue in our efforts to get a proper and fair resolution to permanent housing for them.
“They are our neighbours and partners in the TTDI community and we will stand with them,” they added.
Conflict of interest
DBKL had issued the DO on July 13, 2017. The project was first proposed by former federal territories minister Tengku Adnan Tengku Mansor in 2016.
According to Malay Mail, judge Lim rejected the Kuala Lumpur mayor’s argument that the development was approved to resolve longstanding housing issues faced by the Bukit Kiara longhouse residents.
The proposed project comprised four 40-storey luxury service apartments (1,082 units) and one 17-storey affordable housing block (204 units).
The court agreed with the appellant that the DO contradicted Taman Rimba Kiara’s role as a public park, as indicated in the city’s development plan.
It further found conflict of interest in the project seeing how the mayor was also one of Yayasan Wilayah’s trustees.
“No matter how the Datuk Bandar (mayor) attempts to separate or distance itself from the joint venture agreement (JVA) and also from the impugned decision and now claiming in the affidavits filed that the development was to relocate the Bukit Kiara Longhouses, it is undeniable that the terms of the JVA, looked at as a whole, all point inexorably to the existence of a conflict of interest,” Lim was quoted as saying.
Segambut MP: Justice prevailed
Yeoh also hailed the judgement.
Taking to Facebook, the local representative expressed her appreciation to the residents’ legal team, which was led by Gurdial Singh Nijar.
She recalled her experience speaking up on the issue against former federal territories minister Khalid Samad as well as other Pakatan Harapan politicians.
“Fighting with your own administration and colleague can be painful.
“But with every difficult step I had to take in the last few years (including the threat of being sued for RM10 million by landowner Yayasan Wilayah Persekutuan) and each time I questioned if I had done the right thing, my residents and my voters were right there to cheer me on.
“Today justice prevailed. When the local authority, Federal Territory Ministers (old and new) and MACC failed us, the Court of Appeal restored my faith,” Yeoh said.
Like the two organisations above, she also hoped to help the longhouse residents obtain permanent housing.
During the Harapan administration, Khalid had 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. - Mkini
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