No conflict of interest in Taman Rimba Kiara project, Federal Court told

 

The Court of Appeal had quashed the development order, issued by the mayor in 2017 for Taman Rimba Kiara, last year.

PUTRAJAYA: Yayasan Wilayah Persekutuan (YWP) – a foundation under the federal territories ministry – today argued in the Federal Court that there was no conflict of interest involving Kuala Lumpur City Hall (DBKL) and the foundation in the proposed Taman Rimba Kiara development project.

Lawyer Cecil Abraham, appearing for YWP, told the Federal Court that it entered into a joint venture with developer Memang Perkasa Sdn Bhd on April 7, 2014 to develop the Taman Rimba Kiara land.

“The Datuk Bandar (mayor) was not a party to the agreement between us and Memang Perkasa. As the landowner, YWP is entitled to dispose of the land in any manner for development, as long as it does not contravene the law,” he said.

DBKL, Memang Perkasa, and YWP are seeking to reinstate their plan to develop Taman Rimba Kiara after the Court of Appeal ruled in favour of Taman Tun Dr Ismail residents and quashed the council’s development order (DO) for a housing project dated July 13, 2017.

The proposed project involves building a 29-storey apartment block with 350 units of affordable housing, as well as eight blocks of serviced apartments and eight storeys of parking facilities.

The appeals court previously held that there was evidence of the existence of a conflict of interest under the joint venture contract.

“There are more than sufficient terms contained therein to fetter the discretion of the Datuk Bandar when it comes to considering the application for planning permission of the proposed development,” according to the judgment by the appellate court in January last year.

Abraham said the mayor did not “commit” anything to Memang Perkasa, and never sat in meetings to approve or instruct the issuance of the DO.

“The issuance of DO went through a thorough process where public hearings were held to take objections from residents. Also, the Datuk Bandar did not sign the DO. It was signed by a director in the DBKL planning unit,” he added.

The hearing continues before Federal Court judges Nallini Pathmanathan, Rhodzariah Bujang and Zabidin Mohd Diah. - FMT