The High Court in Kuala Lumpur was told that the Sepang Municipal Council (MPS) did not have the authority to dismantle the Automatic Enforcement System (AES) poles and cameras at the North-South Expressway (Plus) and South Klang Valley Expressway (SKVE).

Alex De Silva, counsel representing AES cameras operator, Beta Tegap Sdn Bhd, said the MPS also could not issue any order or instruction in relation to the two highways.

In his submission for a judicial review proceeding to challenge the MPS decision to dismantle two AES cameras, De Silva said the works minister had declared Plus and SKVE as federal roads.

“The Plus highway was declared by the minister to be a federal road on Dec 27, 1988 and the SKVE highway on June 25, last year. Due to the fact that both Plus and SKVE highways have both been duly gazetted and demarcated for use as federal roads, the MPS has no jurisdiction over the said highways and has no power to issue any notices in relation to the same,” he said.

De Silva also said Plus and SKVE were highway concessions under the control and management of the Highway Authority of Malaysia (LLM).

He added that Beta Tegap was under no legal obligation to apply for planning permission in pursuant to the provisions of the Street, Drainage and Building Act 1974 (SDBA).

“Who has the jurisdiction? Only the federal government can make laws pertaining to federal roads,” he said.

On Dec 12, last year, Beta Tegap filed a leave application for a judicial review over the MPS decision and subsequently, obtained the leave at the High Court, seven days later.

In the judicial review application, Beta Tegap said the municipal council, through a letter (notice) dated Nov 19, last year, required the company to apply for permission to install AES poles and cameras at Km301.7 of the North-South Expressway and at Km6.6 of the South Klang Valley Expressway, both located in Dengkil, Sepang.

The MPS, in a letter dated Dec 6, ordered the company to dismantle the cameras within 14 days of the notice.

‘Beta Tegap’s application misconceived’

Meanwhile, lawyer Gobind Singh Deo, representing MPS, submitted that Beta Tegap’s application was misconceived and had no merit.

“The Plus Highway and the SKVE Highway are under the jurisdiction of the respondent (MPS). The AES poles and cameras were erected on state land and as such, falls under the jurisdiction of the respondent,” he said.

Gobind also said that MPS was merely exercising its legal duties under SDBA, in issuing the said notices and Beta Tegap had been given ample time to take the requisite action in rectifying the offence committed under the said Act.

The intervener in the case, the Attorney-General’s Chambers, said that the works minister, who is the proper authority, had jurisdiction to give approval for the erection of the AES on federal roads.

Senior federal council Amarjeet Singh said “the proper authority having jurisdiction to approve the applications to erect the AES on highways is the works minister pursuant to Section 85(1) Road Transport Act 1987 (RTA)”.

He said only Parliament was empowered to make laws with respect to matters listed in the federal list, including RTA.

“MPS has acted in excess of its jurisdiction and the notices ought to be quashed on grounds of illegality,” he said.

Judge Zaleha Yusuf fixed Feb 21 for decision.

- Bernama