High Court dismisses residents’ challenge on new KL 2020 masterplan

• Judge Datuk Amarjeet Singh Serjit Singh dismissed the judicial review application and ordered the residents to pay costs. The judge ordered them to pay RM10,000 costs each to the Kuala Lumpur mayor and the federal territories minister.
• He did not provide any grounds for dismissing the judicial review after the merits of the application were heard last year.

KUALA LUMPUR (March 12): The High Court on Wednesday dismissed a judicial review filed by eight residents and property owners to challenge the validity of the new KL Local Plan 2020 master plan, which they claimed was approved and gazetted without notices, forums or gathering of their feedback.

Judge Datuk Amarjeet Singh Serjit Singh dismissed the judicial review application and ordered the residents to pay costs.

The judge ordered them to pay RM10,000 costs each to the Kuala Lumpur mayor and the federal territories minister.

He did not provide any grounds for dismissing the judicial review after the merits of the application were heard last year.

The residents were represented by Datuk Gurdial Singh Nijar, Abraham Au, Aliff Benjamin Suhaimi and Phoebe Loi.

Originally, the matter was slated for decision last month, but Gurdial fell ill and the matter was adjourned.

The residents — Ahmad Khairudin Abdul Rahim, 69; Anthony Michael S Savarimuthu, 63; Borhanuddin Osman, 70; Lim Cheng Im, 66; Chan Mei Lynn, 60; Chuah Cheng Hong, 67; Pook Li Yoon, 63; and Charles Tan Keng Lock, 64 — had named the mayor and the minister in their application, which they had filed in 2019 through Messrs Thomas Philip.

As residents and owners, they claimed they are entitled to be heard under the Federal Territory (Planning) Act 1982.

They had sought a declaration that the new KL Local Plan 2020 (KLLP) adopted and gazetted by the mayor is illegal and/or null and void, and an order of certiorari to quash the mayor’s decision to adopt, gazette and approve the plan for adoption.

Further, they had wanted a mandamus order to compel the mayor and the minister to approve, adopt, and gazette a new KL Local Plan 2020 based on the draft KL Local Plan that was presented to the public in May 2008.

This is because the new KLLP is different from the KLLP draft that was planned since 2008, as two areas, namely Taman Tun Dr Ismail and Taman Tiara Titiwangsa, which have greenery and recreational areas, would each see one lot being developed into residential areas with higher population density.

New plan runs contrary to the KL Structure Plan and draft KLLP

They claim that in August 2004, the KL Structure Plan 2020 was adopted and gazetted by the mayor and the minister and applied in all planning matters where it contains the vision, goals, policies, proposals and guide to the overall development of the city over the next 20 years.

They claim that sometime around May 2008, the KL mayor had notified the public of the preparation of the draft KLLP for public objections, representations and feedback, resulting in public hearings being held between September 2008 and May 2009.

They said around September 2008 until December 2012, the KLLP was also presented and discussed at several seminars, workshops and focus groups, and in late 2012 the draft KLLP was presented to the mayor’s advisory panel which approved the plan.

The residents claimed that at all material times, there were no material changes to the draft KLLP as presented to the public but they alleged that the respondents delayed the formal approval to gazette the draft.

On July 9, 2018, the federal territories minister said he would review the draft KLLP before any decision was made to gazette it, as there were developments that were contrary to the KL Structure Plan.

The residents claim that the mayor suddenly adopted and gazetted the new KLLP with contents that are different from the draft KLLP, and among the changes is the development of Lot 9885 at Taman Tiara Titiwangsa, which will result in its density increasing from 32 people per acre in the draft KLLP to 121 persons and a maximum of 400 persons per acre, as the greenery area had been changed into a residential area, as compared to a public open space previously.

The residents claim that Lot 55118 in Taman Tun Dr Ismail had always been a green and recreational area under the KL Structure Plan but had suddenly been earmarked for mixed development, which could result in a possible population density of 976 persons per acre.

Following this, they claim that the new KLLP is illegal as it runs contrary to the KL Structure Plan and the draft KLLP which were formulated after public hearings and discussion.

They claim that the minister had publicly stated that he would review the draft KLLP, but no public notice or forum was made before it was gazetted and hence it should be deemed illegal.

It should be noted that the federal territories minister in July 2018 was Khalid Samad. However, the suit addresses the office of the federal territories minister and not the individual person who was the minister at the time.

The lawyers representing the residents indicated they would consult with their clients on whether to lodge an appeal, for which they would have to file a notice within 30 days.

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