KUALA LUMPUR (April 23, 2008):
The High Court here today granted a two-day extension on the suspension of all constrution work on Bukit Gasing pending a judicial review of Kuala Lumpur City Hall's decision to give Gasing Meridian Sdn Bhd planning approval to develop the hill.
The review will be heard at 3pm tomorrow following a request by counsel Sivarasa Rasiah representing the applicants, the Joint Action Committee for Bukit Gasing (JAC).
"The stay is pending the actual final hearing to determine whether the residents have a right to be given a public hearing and copies of the technical reports giving planning approval to Gasing Meridian," said Sivarasa.
The extension and tomorrow's hearing follow an ex-parte interim injunction which expired today granted by the High Court to order a halt to work on the 15.5ha site on Bukit Gasing upon which Gasing Meridian plans to develop 68 bungalows.
The review challenges City Hall's approval of the Development Order which was granted without consultation of the residents of Bukit Gasing, according to JAC counsel Derek Fernandez.
JAC representatives condemned City Hall's lack of transparency and unwillingness to cooperate with the committee.
"In 2004, Gasing Meridian sued City Hall for not giving them the approval to develop. First, Gasing Meridian appealed to City Hall's appeal board, and this was rejected. Then they followed up with action in the High Court, and Gasing Meridian lost the case, and the reason City Hall won was because of the topography of the area, which is very hilly.
"Secondly, the soil structure is very loose. Now the very same reasons that won them the case are being thrown out the window," said JAC member Johnny Yew.
"Despite the High Court's direction on March 17 that City Hall provide information to us at least one month in advance of today's hearing, we have received no documents, either approvals or technical reports until the the receipt of an affidavit yesterday confirming the order approving earth works and their opposition to stay the order granted on March 2," said Gary Yeoh, another JAC member.
"Contrary to City Hall's statement to the press that the hill is 'safe for hillside development', the developer plans to build on steep slopes. Almost 50% of the slopes are above a 25 degree gradient," he added
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