Bukit Gasing residents who have lost their appeal relating to the issuance of a development order by the Kuala Lumpur mayor for a hill slope project in that area will bring up the matter to the Federal Court.       

Counsel Latheefa Koya, for the 108 residents, told reporters that she will file leave to appeal at the Federal Court soon as April 6 is the last date for the residents to do so.       

The residents will file the leave to appeal against the Court of Appeal's dismissal of their appeal over the High Court's refusal of their judicial review application to challenge the development order.       

"Today was fixed for mention of the assessment of damages sought by Gasing Meridian Sdn Bhd (GMSB). However the High Court today set May 24 for re-mention of the case pending the hearing of leave to appeal at the Federal Court," said Latheefa after meeting High Court Judge Abang Iskandar Abang Hashim in chambers.      

Counsel David Ng is representing the mayor and he also mentioned on behalf of GMSB.     

GMSB wants the residents, who lost their legal action against it, to pay damages as it claimed it could not proceed with the project following the legal action by the residents.       

The 108 residents filed the judicial review application at the High Court in 2008 to quash the development order by the Kuala Lumpur mayor pertaining to the Sanctuary Ridge Kuala Lumpur City project on a 15.52-hectare site in Bukit Gasing.      

The mayor, in an order dated Oct 2, 2007, issued to GMSB, allowed the developer to carry out earth works and sub-divisions in the area.     

GMSB is planning to build 70 bungalows on the site which it claimed was privately-owned land and had never been part of a green lung or a natural forest.      

In their judicial review application, the residents claimed that the mayor had failed to take into account that they had the right under common law to be given due notice and a chance to voice their opinion in the decision-making process.      

They took the matter up for appeal to the Court of Appeal after the High Court on Sept 6, 2010, rejected their judicial review application.     

- Bernama