A high court hearing to challenge an eviction and demolition notice received by a group of Ampang New Village residents has been postponed to Jan 14.

Counsel for Ampang Jaya Municipal Council (MPAJ) VS Viswanathan asked Shah Alam High Court judge Alizatul Khair Osman for an adjournment this morning, citing the need for time because he had only been retained by his clients last Wednesday.

Contacted later, Viswanathan said he would require time to file documents to challenge the residents' ex-parte injunction, which temporarily prevents MPAJ and any other party associated with it from enforcing its Oct 22 eviction notice.

The hearing today would have determined the legality or otherwise of MPAJ's notice served on the residents of the disputed 3.2-hectare plot of land.

Status quo remains

A lawyer for the residents, Rajinder Singh, said postponement of the hearing has effectively granted his clients a respite of one month, since their houses had technically been slated for demolition a week ago.

"Initially, the residents were a bit disappointed, but they have taken solace in the finding that the injunction has been extended. The status quo remains," he told malaysiakini .

Rajinder said the council's most probable course of action would be to seek enforcement of the eviction notice by citing its statutory rights.

"If they serve us a summary eviction notice (either) by the Specific Relief Act of 1954 or under Order 89 of the Rules of the High Court, we will have a strategy to counter both," he said.

Ready for discussion

Rajinder also said the residents were considering legal action against Wangsa Unggul Sdn Bhd, in which they are shareholders, but have not taken any firm steps to do so. They have alleged that the company has shortchanged them over a proposed condominium project.

The residents are reportedly dissatisfied with Wangsa Unggul's joint-venture agreement with co-developer Demi-Prima Sdn Bhd.

If implemented, the residents will get only a little more than RM3 million. The lion's share of the project, which is expected to gross more than RM80 million, will go to Demi Prima, they claimed.

"A few of the residents are considering getting a court order to seek (the directors') declaration as to the beneficial interests they have in the company. For the moment, they are not initiating any legal action against the developers," said Rajinder.

Wangsa Unggul's directors have allegedly been reluctant to discuss the matter with residents, and have indicated that they will wait until the grievances are aired in court.

However, the residents are said to be still willing to meet with the directors and "exhaust all avenues" in order to settle the outstanding issues amicably, according to Khong Chee Seng, the special assistant to DAP MP for Seputeh Teresa Kok.

Khong, who has taken an interest in the situation, said the doors are still open (to Wangsa Unggul) and that the residents hope that the matter will be solved in the shortest possible time.