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Published: Friday March 21, 2014 MYT 1:28:00 PM
Updated: Friday March 21, 2014 MYT 4:29:26 PM

Court rules in favour of Bangsa Ria, no eviction for daycare centre

SHAH ALAM: The Bangsa Ria daycare centre for children with special needs will not face eviction after the High Court here dismissed the judicial review application filed by two neighbours against the Petaling Jaya Municipal Council (MBPJ) and its landlord Ramesh Chelliah.

In dismissing the application filed by A. Kanesalingam and K. Rajeswari, Justice Vernon Ong ruled that MBPJ had granted the planning permission to Bangsa Ria within the proper legal framework of the Town and Country Planning Act 1976.

"The actions of MBPJ were not inconsistent with the National Land Code and the express conditions of the Code," said Ong in his half-hour judgment on Friday.

Ong added that the National Land Code would only come into effect if the planning permission was granted under a municipal by-law that conflicted with the provisions of the National Land Code.

"The Town and Country Planning Act is not a by-law and not an inconsistency," added Ong.

He also dismissed the application filed against Ramesh, ruling that judicial review proceedings could not be brought against an individual. 

"A civil suit should have been brought if damages for nuisance were being sought," said Ong.

He set costs at RM5,000 to be awarded to MBPJ and Ramesh respectively. 

Kanesalingam and Rajeswari had filed the judicial review application to quash the planning permission granted by the MBPJ to Bangsa Ria.

They had said in their Statement of Judicial Review that MBPJ had acted illegally by contravening provisions of the National Land Code in granting planning permission to Bangsa Ria.

Additionally, Kanesalingam and Rajeswari had also sought damages for the "nuisance of experiencing the uncomfortable sensation of seeing the disabilities and sufferings of all the special children, the whole day, day in day out."

Speaking outside the court, Bangsa Ria chairman Saras Manickam said she was very relieved by the decision of the High Court.

She added that with this judgment, Bangsa Ria could hold its jumble sale this year, giving it the funds to operate for another year.

"We are delighted. We are so relieved and delighted. I am thankful to the court. We were praying for a judgment like this," said Saras.

Azian Shaharum and Robin Lim acted for MBPJ while Rohan Arasoo Jeyabalah appeared for Ramesh Chelliah. Kanesalingam and Rajeswari were represented by  V. Jeya Kumar.

Tags / Keywords: Court, Bangsa Ria, daycare centre, judicial review, eviction


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