Court throws out NGOs’ bid to challenge Bukit Cherakah development

Court throws out NGOs’ bid to challenge Bukit Cherakah development

Peka and the Shah Alam Community Forest Society want to contest a 2000 decision to degazette 406ha in the forest reserve.

The Shah Alam High Court’s decision not to allow leave to the two NGOs was delivered during an online proceeding today.
SHAH ALAM:
Two NGOs have failed to obtain leave from the High Court to challenge the Selangor government’s action in allowing development at the Bukit Cherakah Forest Reserve.

Lawyer R Nagarajan, representing Pertubuhan Pelindung Khazanah Alam (Peka) and the Shah Alam Community Forest Society (SACF), said Justice Shahnaz Sulaiman dismissed his clients’ application for leave for judicial review with no order as to costs.

“We have instructions from our clients to appeal against today’s decision,” he said, adding that the verdict was delivered during an online proceeding.

Peka and SACF filed the application for leave on Aug 3 and named the Selangor government, the state executive council, the state forestry department director and the Petaling land and mines department as respondents.

Lawyer Lusinthra Pillai Umadas appeared for the two applicants, while lawyers Siti Fatimah, Lau Kee Sern, KC Ng, Eunice Aw, R Ganapathi, Al Sabri and Sarah Low acted for the respondents.

The two NGOs were seeking to challenge a decision made by the four respondents on Nov 20, 2000, to allow development on the 406.22ha site through the implementation of a decision made 22 years ago.

They are also seeking a declaration that a public inquiry must be held in relation to the development of the forest reserve, as stipulated under the National Forestry Act (Amendment) 2011.

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