KUALA LUMPUR (Oct 12): The Kuala Lumpur High Court has postponed the case management for the stay application filed by residents of Taman Tun Dr Ismail (TTDI) to Oct 23, 9am.
Residents TTDI were granted leave by the KL High Court to pursue a judicial review against Dewan Bandaraya Kuala Lumpur (DBKL) and the KL mayor on Aug 23.
The judicial review requests an order from the court to quash the condition planning permission and development order (DO) granted by DBKL to property developer Memang Perkasa Sdn Bhd, which Malton Bhd holds a 51% stake in, on Feb 28, 2017 and July 13, 2017, respectively.
Respondents of the stay application include Yayasan Wilayah Persekutuan (YWP), DBKL and one of the two longhouse residents’ associations (Sundaram RA). The respondents have proposed to intervene in the stay application.
The three proposed intervenors are asking for leave from court to intervene in the action and for the stay hearing to be postponed.
High Court judge Datin Hajah Azizah Nawawi was unable to conduct a full hearing as she had to rush off to an urgent meeting with the Chief Justice of Malaysia this afternoon, according to Alliff Benjamin Suhaimi of Thomas Philip Advocates and Solicitors who is representing the TTDI residents.
“The long and short of it is that everything is still pending, each party is now allowed to fully ventilate their positions. DBKL’s stand would be to settle the intervention first and then the stay application.
“But that is up to the judge. If the judge thinks he does not need to hear about the intervention, he can just proceed with the stay application,” he told reporters.
Save Taman Rimba Kiara Group lead strategist and coordinator Leon Koay said he would like the stay application to be granted and has no interest in other intervening parties’ requests.
“Our focus is to question DBKL’s authority and their decision [in approving the proposed development] so other applications filed by other intervening parties’ are between them and DBKL.
“So, Oct 23 will be just a case management where no substantive hearing will be conducted,” he said, adding that the case management will be conducted by High Court judge Datuk Wira Kamaludin Md Said.
The proposed development involves the building of eight blocks of 42- and 52-storey high-end serviced apartments (1,766 units), and a 29-storey affordable housing block (350 units), thus increasing the population density in the area from 74 persons per acre to 979. It also involves the construction of a six- to eight-lane highway. A total of 2,116 units of homes will be built.