KUALA LUMPUR, WED: April 23, 2008 - Bernama
The High Court today extended to Friday, an ex-parte interim injunction to 108 Bukit Gasing residents to halt all action pertaining to the hill slope development which was earlier approved by the Kuala Lumpur mayor.
Justice Lau Bee Lan allowed the extension of the injunction given on April 3, to give ample time to counsels representing the mayor and developer Gasing Meridian Sdn Bhd (GMSB) to look into the affidavit in reply.
The court was told that it was only yesterday afternoon that the affidavit was served to the counsels.
On Friday, the high court will hear an inter-parte injunction on the application by the residents to stop all action approved by the mayor, in respect of a developer’s application for planning permission.
At this juncture, Joslyn Gooting appearing for GMSB, gave an assurance that his client would not continue with the erection of hoardings or begin any earth works in the area, pending hearing of the stay application.
Romesh Abraham appeared as counsel for the mayor.
On March 18, the high court here granted a leave for judicial review to the residents, allowing them the right to express their concerns for a development project in the area.
The residents were also granted leave to quash the decision of the Kuala Lumpur mayor not to hold a public hearing on the application by GMSB for a development order.
In their grounds of application, the residents represented by counsel R.
Sivarasa, said the mayor had erred in law and acted in excess of his jurisdiction when he wrote the letter stating that the procedure for hearing objections would not be implemented as it would violate existing rules and regulations.
The residents claimed the mayor had failed to take into account that they had a right under common law to be given due notice and be given a chance to voice their opinions in the decision-making process of planning.
They stated that the mayor had acted in contrary to the policy and intent of the Federal Territory (Planning) Act 1982 (Act 267).
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