The government will apply to strike out the interim stay order granted to Kampung Broga residents which temporarily halts the implementation of the RM1.5 billion incinerator project until an earlier suit is properly disposed of.

Attorney-General Abdul Gani Patail said that it would be done soon without specifying a date.

"We will apply to strike out the (stay order which is effectively an) injunction," he told malaysiakini in a telephone interview.

On Monday, the Shah Alam High Court granted Kampung Broga residents an interim stay order pending the outcome of an earlier suit that seeks to permanently stop the implementation of the project.

Justice Suriadi Halim Omar noted the absence of counsel representing the defendants, namely the Selangor Menteri Besar, the Science, Technology and Environment Ministry and the Selangor Land and Minerals Department Director.

When asked, Abdul Gani attributed the no-show to a miscommunication between his office and the Selangor legal department.

"There was a miscommunication on the part of our office which I'm not happy about. In any case, it was an ex parte application and we will look into it," he said.

"I was told that the officer concerned was unable to turn up due to the that."

He said since the matter filed was ex-parte, filing an affidavit in reply would take time which is why they have been asking for an adjournment.

One-month needed

Meanwhile, Ebara Environmental Engineering (M) Sdn Bhd (EEEM), the local representative of the Japanese contractor hired to build the incinerator is following up with news reports on the court order that temporarily shelved the project.

EEEM managing director Masakiyo Kuratani said he needed one month before being able to decide on the next course of action.

"I was surprised with the decision. We're currently checking the details of the decision as reported in the New Straits Times ," he said when contacted today.

When pressed for a reaction, he declined to elaborate.

"I'll only be able to comment on this after one month. Please call me then," he added.

Tokyo-based Ebara Corp won the contract to design, build and commission the 1,500-tonne municipal solid waste thermal treatment plant in February 2003.

Residents in Broga and the surrounding areas have opposed the incinerator project since it was relocated from Puchong in late 2002 following public pressure.

The Housing and Local Government Ministry could not be reached for comment.