The court has allowed the judicial review application by the Automated Enforcement System (AES) contractor Beta Tegap Sdn Bhd, ruling that municipal councils have no jurisdiction on federal roads especially expressways.

azlan Kuala Lumpur High Court’s Justice Zaleha Yusof in her decision said the AES poles were erected on areas that have been declared as federal roads by the minister.

“The Selangor government does not have jurisdiction on the North-South Expressway (Plus) and the South Klang Valley expressway (SKVE) as such powers lie with the federal government and the Public Works Department.

“Hence, the company need not have permission from the Sepang Municipal Council (MPS) to erect the AES poles on the federal roads. The application is allowed and as this is a matter of public interest I make no order as to costs,” she ruled in the judgment in allowing the judicial review application by Beta Tegap.

Justice Zaleha said even though the land is still state land, but since the highway has been declared as a federal road under the Federal Roads Act, the state government is under a constitutional obligation to ensure compliance and not impede or prejudice the exercise of the executive authority of the federation.

“I also must stress that the fact that the land is state land does not make MPS to be the owner of the land. A local government is a different entity separate from the state government,” she ruled.

She noted that under Section 3 of the Act, the minister may after consultation with the state government declare any road, bridge, ferry or other means of communication in any state to be federal.

NONE However, Zaleha agreed with the submission by MPS counsel that the poles could be considered as buildings within the ambit of the Local Government Act.

MPS’ counsel Gobind Singh Deo said they will appeal today's decision.

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

In the judicial review application, Beta Tegap said the municipal council, through a notification letter dated last Nov 19 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.

'Ordered to dismantle cameras within 14 days'

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

During the last session, Beta Tegap’s counsel Alex De Silva had submitted that MPS does not have the jurisdiction to dismantle as such purview lies with the federal government.

“The Plus expressway 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 the 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.

The AES cameras have been a bone of contention since it was implemented in September, not only between the Pakatan-ruled states but also motorists, some of whom took the action of not pleading guilty and contesting the RM300 fine.

NONE As a result of this, the attorney-general issued an order to withhold the prosecution of individuals caught on camera.

In a related development, Selangor Menteri Besar Abdul Khalid Ibrahim ( left ) has expressed his disappointment with the court's decision in saying that local councils do not have any power over the federal roads.

"The state government views the decision seriously and has instructed various follow-up actions, including asking the state legal adviser and the MPS' legal department to review the court documents and file an appeal.

"The state has also instructed the state Economic Planning Unit director to provide a list of federal development projects, whether expressways or Prasarana’s light rail transits, for it to be reviewed by the state exco.

“This is to ensure that the welfare of the people and the state government is safeguarded," said Khalid in a statement.

“At the same time, whatever approvals for development that have been issued to road and federal infrastructure will have to be suspended temporarily, until the appeal process is completed,” he added.