No development over Taman Rimba Kiara after apex court verdict

 

The Federal Court has dismissed an appeal by the Kuala Lumpur City Hall (DBKL) and three others to reinstate the controversial development order over parts of Taman Rimba Kiara.

A three-person apex court bench chaired by P Nallini this morning unanimously denied the appeal and upheld a 2021 Court of Appeal ruling that permitted 12 Taman Tun Dr Ismail (TTDI) residents to set aside the development order.

Previously, the TTDI Residents' Association had hailed the Court of Appeal decision as a major victory in the fight to preserve the public park.

Dated July 13, 2017, DBKL issued the development order for eight blocks of high-end serviced apartments and 29-storey apartments, comprising 350 affordable housing units to be built on the land.

The other members of the apex panel are Mohamad Zabidin Mohd Diah and Rhodzariah Bujang.

In reading out the unanimous ruling, Nallini said the development order ought to be set aside as there was a conflict of interest since the mayor was on the board of trustees for Yayasan Wilayah Persekutuan, which is one of the four appellants today.

Besides DBKL and Yayasan Wilayah Persekutuan, the other two appellants were developer Memang Perkasa Sdn Bhd and an association representing longhouse residents in Taman Rimba Kiara.

She noted that when the foundation entered into a joint venture with Memang Perkasa prior to the alienation of the land, the mayor knew from the KL Structure Plan 2020 that the land was for green space for public use.

Nallini pointed out that the alienation of the land to Yayasan Wilayah Persekutuan in conjunction with the joint venture agreement would entail a change in land use to mixed development.

However, there was no compliance with the Federal Territories Act in terms of variation or amendment to the KL Structure Plan 2020, the judge said.

“The mayor, therefore, wore three hats in three capacities: the mayor was part of the entity that approved the subject land’s alienation, the mayor was part of the applicant for planning permission ie Yayasan Wilayah Persekutuan as it was a member of the board of trustees, and the mayor was also the entity that granted the impugned development order,” she added.

The judge surmised that a conflict of interest and/or bias is made out on the facts of the present appeals.

[More to follow] - Mkini