Two applications have been filed to set aside the interim stay order granted by the Shah Alam High Court on Feb 14, resulting in work being temporarily stopped on the RM1.5 billion incinerator project in Broga.

The Selangor government's application was filed on Feb 26, while the Attorney-General's Chambers filed one on March 7.

Contacted today, senior federal counsel Umi Kalthum Abdul Majid said the court must now set a date to hear the applications.

"We are now waiting for the court to set a date to hear the applications," she told malaysiakini in a telephone interview.

The stay order was won by Kampung Broga residents. It will be in effect until their main suit, filed on Nov 8, 2003, is disposed of - in this, they are seeking a court declaration to compel the government to divulge details of the project to build a 1,500-tonne incinerator plant.

Umi Kalthum, who heads the civil division in the AG's Chambers, said another matter pending in court is also being pursued.

She said that on Feb 19 last year, the AG's Chambers had filed an application to strike off the main suit, which had been followed by a preliminary objection by the residents' counsel.

"On Sept 17, the court dismissed the preliminary objection. Last Dec 17, we filed a written submission on our application to strike off the main suit."

Umi Kalthum said the residents' counsel was supposed to have replied "on or by Feb 28 this year" but had failed to do so.

"The court was scheduled to decide on our application on March 22. We are waiting for the court to respond and at the same time, we have been trying to reach the deputy registrar over this matter," she said.

Revised contract

The main suit was filed when the government maintained a silence over the project, after Broga residents exhausted all administrative and political channels to obtain information and stop the project.

Hearing of the main suit has been set for June 30 in Shah Alam High Court.

The government hired Japanese engineering firm, Ebara Corporation, to design, build, commission and operate the giant plant by 2007.

On Oct 24, the government re-issued a revised contract to Ebara incorporating additional guidelines by the Department of Environment which forms part of the conditional approval for the environmental impact assessment report.

Cracks in project implementation widened following alleged contractual non-compliance of the technology transfer programme by Ebara.