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Thursday, June 22, 2023

Developer to work on a ‘fair resolution’ after apex court stops apartment plan

 

The Federal Court today dismissed bids by DBKL and developer Pavilion Integrity to reinstate plans to construct a 45-storey serviced apartment complex in Cheras.

PETALING JAYA: Developer Pavilion Integrity Sdn Bhd says it will work on achieving a “fair and satisfactory resolution” that will benefit all parties following the Federal Court’s decision to stop the proposed construction of an apartment complex in Kuala Lumpur.

Earlier today, the apex court dismissed bids by Kuala Lumpur City Hall (DBKL) and Pavilion Integrity to reinstate plans to construct a 45-storey serviced apartment in Taman Maluri, Cheras.

Pavilion Integrity, said it respected the court’s decision and was committed to resolving the matter promptly and amicably.

It also told the affected apartment unit purchasers that the situation would be handled “transparently and directly”, promising to keep them informed “every step of the way”.

“The company is dedicated to maintaining open communication with all stakeholders, particularly its valued purchasers,” said the firm.

“To ensure everyone is well-informed, Pavilion Integrity will soon release an official statement containing comprehensive updates and details on the matter.”

In October last year, a group of 202 owners and residents of two apartment complexes in Taman Maluri successfully got the Court of Appeal to quash DBKL’s 2018 decision to allow Pavilion Integrity to build another apartment complex in the vicinity.

The appeals court also directed DBKL to acquire the land allocated for the new apartment complex – known as Lot 810 – and use it to construct a 20m-long road to ease the traffic woes of the residents.

Lot 810 had previously been designated for road construction under the KL City Plan 2020.

In the court’s judgment, Justice Lee Swee Seng noted that DBKL had “flip-flopped” on its decisions relating to Lot 810.

At the apex court today, Chief Judge of Malaya Zabidin Diah held that the leave applications filed by DBKL and Pavilion Integrity did not fulfil the legal requirements under Section 96 of the Courts of Judicature Act 1964.

Besides DBKL and Pavilion Integrity, the then federal territories minister, who also filed a similar application, saw his own application for leave rejected.

The court ordered DBKL and Pavilion Integrity to each pay costs of RM90,000 to the owners and residents, who were respondents in the application, while the federal territories minister and the government were each told to pay RM20,000 in costs to the owners and the residents. - FMT

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