A five-year legal battle involving 108 Bukit Gasing residents against a development order by the Kuala Lumpur mayor over a hillslope project came to an end today, after the Federal Court in Putrajaya dismissed their leave to appeal against a Court of Appeal (COA) decision.

On March 6, the COA upheld a High Court decision which had dismissed the residents’ review application.

The five-member panel chaired by Appeals Court president Md Raus Sharif said the bench was unanimous with the majority decision of the COA.

“We’re of the view that no further argument is needed in this case, and the appellants’ application is dismissed with costs,” ruled Md Raus.

The court ordered RM10,000 each to be paid to respondents the Kuala Lumpur mayor and the developer, Gasing Meridian Sdn Bhd.

The other panel members were justices Sulong Matjeraie, Hashim Yusoff, Ahmad Maarof and Zainun Ali.

On March 6, a three-member panel chaired by Court of Appeal judge Ramly Ali delivered a 2-1 majority verdict, with justices Ramly and Zaharah Ibrahim dismissing the residents’ appeal and Justice Jeffrey Tan Kok Wha dissenting.

Zaharah, who handed down the decision, had disagreed with the submission by the residents’ lawyer, R Sivarasa, that the amended Town and Country Planning Act 1976 (TCPA), which accorded the right to a public objection hearing to residents, extended to the Federal Territory.

Instead, she said, the law that applied to the Federal Territory was the Federal Territory (Planning) Act 1982.

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

The mayor, in an order dated Oct 2, 2007 issued to Gasing Meridian Sdn Bhd (GMSB), allowed the developer to carry out earthworks and sub-divisions in the area.

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.

Sivarasa told reporters today that with the Federal Court decision, the TCPA was no longer applicable in Kuala Lumpur.

During today’s proceedings, the mayor and Gasing Meridian were represented by Ramesh Abraham and R R Sethu, respectively.

- Bernama