A citizens' victory

25/10/2005 The Sun By Maria J. Dass

SHAH ALAM: In a landmark ruling, the High Court yesterday held that local authorities must hear views of affected residents before a development order is issued.

Judge Datuk Alizatul Khair Osman Khairuddin held that meetings to hear residents' opinions cannot be treated as a formality but instead, should be viewed as a genuine platform for people to voice their opinions.

Justice Alizatul made these observations after declaring null and void the development order issued by the Petaling Jaya Municipal Council (MPPJ) to Mentari Properties Sdn Bhd to build two blocks of low cost flats and stalls.

On MPPJ's meeting which was called after the order had been issued, the judge remarked that "subsequent objections and proceedings do not validate it.

"Although the flats have been built and occupied, the ruling will leave the entire project in limbo as the development order itself is illegal.

Eighty six residents of Taman Desaria off Old Klang Road took the MPPJ to court after it had issued the development order without giving them an opportunity to have their objections heard.

The court also ordered MPPJ to pay damages and the costs to be shared by Mentari, which was named as the second defendant.

The damages are to be assessed by the court on a later date.

Justice Alizatul also dismissed the contention by MPPJ that it was exempted from compliance of calling for a meeting under Section 19 of the Town and Country Planning Act.

"There was no mention of the exemption until it was made known to the residents in an affidavit," she said.

The affidavit was filed much later - on Nov 14 when the development order had already been issued on March 15 and well after the supposed objection meeting on Aug 23.

"Why was the exemption not made known to the residents when planning permission was granted," she asked.

Justice Alizatul said that it was inconceivable that such an exemption would have been given and on finding of facts, there was no such exemption given.

This reinforced the residents' contention that no such exemption was given and that it was "doctored" as an afterthought during the court proceedings.

(The residents have lodged reports to the police, the Anti-Corruption Agency and the Royal Commission into the Police force).

She also ruled that the Majlis Tindakan Ekonomi Selangor (MTES) which had supposedly issued the exemption had no legal standing as it was not a "competent authority" under the Act.

"MTES is a committee under the state authority and not the state authority itself," she added.

Derek Fendandez, who represented the residents said a professional valuer will be engaged to assess the drop in value of their houses and other inconveniences they have suffered or likely to suffer in view of the nearby development.

Also representing the residents were R.Sivarasa and L.Leonard.

Justice Alizatul said as the development has been completed the court can no longer issue an injunction or prevent the construction of the flats.

MPPJ was represented by Datuk S.Sivaparamjothi and K.T.Wong while Mentari Properties Sdn Bhd was represented by Felix Dorairaj.