|All approvals obtained, says developer
The Sun 11/1/2005
SHAH ALAM: Mentari Properties, the developer of the Desa Mentari low-cost
apartments on Jalan Kelang Lama, was unaware of a planning exemption
granted for the project by the Selangor government until it was brought up
in court last year.
It also said it did not apply for an exemption.
This was stated by the developer's counsel, Felix Dorairaj, when High
Court judge Alizatul Khair Osman Khairuddin raised the question during the
hearing of an application by residents of Taman Desaria against the
Petaling Jaya Municipal Council (MPPJ) and Mentari Properties yesterday.
The residents are contesting the building of two blocks of 14-storey
low-cost apartments in their neighbourhood which, they claim, was done
without going through proper planning procedures.
Dorairaj said the developer only knew of the existence
of the exemption when it was tendered as part of an affidavit by MPPJ, the
first respondent of the case.
"As far as the second defendant (Mentari Properties) is
concerned, all the proper approvals had been obtained," he said.
During his submission, Dorairaj said the applicants had
failed to disclose several critical documents, including a letter from the
Ministry of Housing and Local Government to MPPJ in August recommending
that the council issue a stop-work order on the project as it had failed
to obtain planning approvals.
This letter was issued following a site visit by
officers from the Town and Country Planning Department.
He also disputed a claim by the Taman Desaria residents
that the land on which the project was carried out was gazetted TNB land.
Earlier, MPPJ counsel Datuk V. Sivaparamjothi wrapped up
his submission and asked the court to dismiss the application. by the
residents of Taman Desaria with costs.
He said the court cannot issue a order of mandamus to
cease work on the site as the approval for the project had been given by
the state, which aimed to eliminate squatter colonies by the end of the
The hearing continues on Feb 17.