The Shah Alam High Court today quashed a decision made by the Selangor government four years ago to cancel a 'use permit' issued to a once popular motivation training centre owned by an opposition politician.

Justice Suriyadi Halim Omar also ordered the state government to renew the permit to Sabha Total Training Centre (SBTTC) owned by PAS vice-president Dr Hassan Ali which it had done between 1994 and 1998.

A 'use permit' enables the holder to operate its outdoor activities in protected forest reserves.

In granting Hassan's application for a judicial review against the state government's decision made in Nov 29, 2001, the court also awarded damages which will be assessed in a separate proceeding before a senior assistant registrar on a later date.

Hassan's lawyer Mohamed Hanipa Maidin told malaysiakini that the court made the decisions following the state's failure to counter the arguments he made through a written submission.

Among the contention made by Hassan was that the decision not to renew SBTTC's permit was made in bad faith and politically motivated.

"The court had directed parties to file written submissions when the case was first called up in 2003. However, the lawyer acting for the state government has not done so until today."

"As there was no submissions by the state to negate our contentions, the court today ruled that it accepted our arguments. The judge even said: 'It is up to them (the state) to appeal. Let them explain to the Court of Appeal. I would also like to know their reasons'."

No show by state government

Hanipa also explained that today's ruling is not a "default judgment" as the judge had clearly stated that "the court cannot issue a default judgment against a state government".

He explained that the court had repeatedly postponed the hearing of the application since July 15, 2003 for the state to submit the submissions.

"The last time the case was called up on Dec 3, 2004, the judge warned that he would not tolerate any more postponements and advised the state government to submit its submission and set today for hearing."

"When it was called up today, the court found out that not only the submissions was not filed, the state's legal representative did not even show up," explained Hanipa.

Speaking on the quantum damages, the lawyer said he has to discuss the matter with Hassan.

"In the application we filed, we did mention that the monetary loss suffered by SBTTC was substantial - up to RM1 million a year - mainly through loss of consultation fees from numerous companies," he said.

Natural Justice breached

Hassan had filed an application for a judicial review in 2001 to overturn the revocation of permit after he received a letter by the state government in which he was informed of the latter's decision to reject STTC's application for a renewal of permit.

In his application which named the Selangor government as respondent, it was stated that SBTTC started its operations in Sungai Lui in Hulu Langat after it obtained a license issued under the National Forestry Act in 1994 which was renewable annually.

At the end of 1998, SBTTC applied for a renewal but received no reply until the letter was issued by the state three years later.

Hassan had among others argued that he had legitimate expectation for a renewal of the permit as the state had no qualms in renewing the permit between 1995 and 1998.

He also alleged that the cancellation of the permit decision was unlawful as no valid reason was given and that it was in breach of natural justice as SBTTC was not given the opportunity to state its defence.