The Court of Appeal had on Jan 27 ruled in favour of Taman Tun Dr Ismail (TTDI) residents in their application to revoke the government’s proposed development of the project, consisting of a 29-storey apartment block with 350 units of affordable housing, as well as eight blocks of serviced apartments and eight storeys of parking facilities.
The project was to be undertaken by property developer Malton Bhd, through its subsidiary Memang Perkasa Sdn Bhd, and Yayasan Wilayah Persekutuan (YWP), a foundation chaired by the federal territories minister.
The residents’ lawyer, Alliff Benjamin Suhaimi, said they received notice of the leave applications earlier this week.
Aggrieved parties in civil cases have 30 days to file their appeals.
Alliff said the longhouse residents in the Taman Rimba Kiara area also lodged their leave application. The residents were included in the TTDI residents’ judicial review.
The apex court has fixed March 25 for case management for the leave application by DBKL, YWP and Memang Perkasa.
The appeals court had allowed the TTDI residents’ appeal after ruling that there was an “appealable error that warrants an appellate intervention”.
Judge Mary Lim, who led the panel, ruled that the mayor owed a duty under common law to notify and hear objections by residents on any proposed development under his jurisdiction.
“There can only be proper effective town planning if residents are consulted and heard before a decision on the proposed development is made,” she said.
Lim also said the mayor needed to show that the local council had adhered to all laws and regulations before coming to a decision on development.
“His decision ought to be communicated to the residents at the time he has decided on it. Timing is material for the residents so they can be informed and proceed with the next course of action.”
On the justification of “relocating longhouse residents living around Taman Rimba Kiara” cited by the mayor in approving the development order, Lim said the court could not agree with his reasoning.
“We do not see how the longhouse residents’ matter can be taken into consideration by the mayor. It is a legacy from politics.
“This proposed development in reality is purely a commercial joint venture between YWP and Memang Perkasa,” she said.