Petaling Jaya Municipal Council (MPPJ) president Emran Kadir plans to strike out the originating summons filed by more than 10,000 PJ residents seeking a court declaration, among other things, that the PJ1 local plan draft is illegal.

Emran's lawyers had earlier entered a conditional appearance and attempted to immediately strike out the suit in a surprise move at the Shah Alam High Court today.

However, Justice Zaleha Zahari instructed the defence to file a separate application to strike out the suit within 14 days from May 14.

She then set the next date for the case to be mentioned on June 19, subject to the outcome of the application to strike out the suit which will also be heard on the same date.

Justice Zaleha also directed the residents (plaintiffs) to serve the originating summons on the district officer and the land officer before the matter can proceed.

The residents had only named the MPPJ president as the sole defendant in their suit although the district officer and land officer were implicated in it.

The controversial PJ1 local plan draft, announced in late March for public feedback, seeks to change the landscape, population density and physical infrastructure of Petaling Jaya. Running from 1997 to 2010, it aims to turn PJ from a satellite township into a bustling city.

'Unethical' last-minute notice

The plaintiffs' lawyer, Uma Parvathy Thothathri, today asked the court for an early hearing date and for the draft plan to be suspended pending trial.

"The residents fear that their land will be taken away once the draft plan is gazetted, especially when the objection period ends on May 18," she said.

Later, she told reporters outside the court: "Even the defence's action of giving us the last-minute notice (of the conditional appearance) is unethical. Lawyers on both sides will usually notify each other of their intentions and attach a certificate of urgency where necessary."

However, one of the defendant's four counsel, S Rutheran argued that the residents should submit an affidavit "on the facts" so that a counter-affidavit can be prepared.

"As of now, the objection period expiring on May 18 is an extended date already and we have not reached the stage where the draft plan can be gazetted, so the plaintiffs have the time to make full objections."

'Ulterior motives'

In the supporting affidavit, the residents claim the Petaling and Part of Klang District Structure Plan gazetted in 1996 has specifically stated that PJ is to remain a residential area and had designated certain areas for commercial, industrial activities and continued development.

They said the 1996 structure plan instructs Emran to formulate a draft plan "to rectify all the problems created by the defendant in allowing ad hoc development".

Emran is also being accused of having "ulterior motives of profit" in formulating the PJ1 draft plan with a view of "redeveloping and altering the land use of almost the entire PJ".

The residents are accusing the Petaling District officer and land office of fraud for deliberately causing lease owners to surrender their leases and getting their land re-alienated based on hefty premiums.

The residents also want the court to find "the combined, concurrent and tandem actions of the MPPJ and the Petaling land office" illegal and "a deliberate abuse of power".

About 20 residents were in court.