The Federal Court has refused to grant leave for the Kuala Lumpur City Hall and developer, Gasing Meridien Sdn Bhd (GMSB) to appeal on a hillside development project in Bukit Gasing today.

        

The three-member panel headed by chief justice Zaki Azmi, unanimously dismissed the application on the grounds the case should be settled in the High Court.

Following today’s decision, the judicial review at the High Court granted to the residents in April 2009, is set to take its course.

government appeal on allah case 060110 herald lawyer derek fernandez Lawyer for the residents, Derek Fernandez ( left ) said: “ The justices have also ordered the GMSB and Kuala Lumpur City Hall to pay costs of  RM20,000 each.”

Development order

The 108 Bukit Gasing residents are challenging a development order by the Kuala Lumpur mayor, Ahmad Fuad Ismail.

They claimed that the mayor had failed to take into account that they had a right under common law to be given due notice, and be given a chance to voice their opinions in the decision-making process of the proposed plan.

They said that the mayor had acted, contrary to the policy and intent of the Federal Territory (Planning) Act 1982.

A member of the joint action committee for Bukit Gasing, Victor Oorjitham, expressed relief when contacted by Malaysiakini.

“The proposed project to build  bungalows on the 15-hectare land will endanger the lives of many and adversely affect the environment if carried out,” he added.        

 

On Nov 20 last year, the Court of Appeal in a majority 2-1 decision had also dismissed GMSB and KL City Hall appeal for the development of the land which is the only green area in the area.