Tmn Rimba Kiara appeal: Targeted land never meant to be public park - DBKL
Parts of Taman Rimba Kiara targeted for development were meant for mixed development and not to serve as a public open space, the Federal Court heard today.
Lawyer B Thangaraj, who represented the appellant Kuala Lumpur City Hall (DBKL), submitted that the targeted land (PT 9244) was always intended for mixed development.
The counsel submitted that the Court of Appeal had erred...
Parts of Taman Rimba Kiara targeted for development were meant for mixed development and not to serve as a public open space, the Federal Court heard today.
Lawyer B Thangaraj, who represented the appellant Kuala Lumpur City Hall (DBKL), submitted that the targeted land (PT 9244) was always intended for mixed development.
The counsel submitted that the Court of Appeal had erred in allowing 12 Taman Tun Dr Ismail (TTDI) residents to appeal to quash the development order (DO) over the park’s portion.
Thangaraj contended that DBKL had rightly issued the DO on July 13, 2017, with developer Memang Perkasa Sdn Bhd to carry out development.
Besides DBKL and Memang Perkasa, the other two appellants are Yayasan Wilayah Persekutuan and an association representing longhouse residents in Taman Rimba Kiara.
The four parties are appealing against the Court of Appeal decision on Jan 27 last year, which allowed an appeal by TTDI residents to quash the DO for the development of part of Taman Rimba Kiara.
“The Court of Appeal is plainly wrong to make a finding that ‘it is not in dispute that the subject land was demarcated as a public open space, recreational and sports area, green area and city park, while under the local plan, Taman Rimba Kiara was demarcated as a city park and public open space with zero development intensity’.
“This is a serious error made by the Court of Appeal which had influenced the Court of Appeal in making an adverse finding against DBKL.
“Further, it has to be noted that in the gazetted local plan, PT 9244 is meant for mixed development and the DO which was approved is consistent with the local plan.
“As far as the planning authorities are concerned, the zoning of this land was never for park open space as contended by the respondents at the Court of Appeal,” Thangaraj said.
‘No legal standing’
Memang Perkasa’s counsel Gopal Sri Ram submitted that the TTDI residents do not have legal standing to commence a legal challenge against the DO.
During today’s online proceedings before the three-person apex court bench chaired by P Nallini, Sri Ram submitted that the residents are not parties affected by the development.
The lawyer said this is because the respondents do not fall under the category of persons that could be adversely affected by development decisions per town planning legislation such as the Federal Territory Planning Act.
Submissions before the apex court will resume on Monday next week.
The other members of today’s Federal Court panel are Mohamad Zabidin Mohd Diah and Rhodzariah Bujang.
The TTDI Residents' Association had hailed the Court of Appeal's decision as a major victory in the fight to preserve the public park.
DBKL issued the DO on July 13, 2017. The project was first proposed by former federal territories minister Tengku Adnan Tengku Mansor in 2016.
The proposed project comprises four 40-storey luxury service apartments (1,082 units) and one 17-storey affordable housing block (204 units).
Several protests were held in 2016 and in subsequent years against the proposed development of Taman Rimba Kiara.
During the Harapan federal administration, then federal territories minister Khalid Samad proposed a scaled-down development and called it a "win-win solution" as it saved the ministry from having to compensate the developer RM150 million if the project was cancelled.
The project was reduced from 4.9ha to 3.2ha. Taman Rimba Kiara spans 10.1ha.
Are you sure you want to delete this comment?
This action cannot be undone.