Some of the applicants, including Ahmad Khairudin (second, right) speaking to their counsel outside the court room after their judicial review was dismissed. — ART CHEN/The Star
CITY residents are disappointed over the dismissal of the judicial review to challenge the gazetting of the Kuala Lumpur City Plan 2020 (KLCP 2020).
They said the decision by the Kuala Lumpur High Court ignored the importance of public participation in urban planning for the city.
Save Kuala Lumpur, a residents-based coalition advocating for effective city planning, said the gazetted plan had numerous changes compared to the draft KLCP 2020 that was put on display in 2008.
Its chairman Datuk M Ali said the amendments that differed from the original draft plan proved that the whole city plan was flawed.
“Due consideration must be given to public feedback for any modifications made to the plan.
“Furthermore, the amendments were made after more than 60 sittings of the Public Hearing Committee Report Presentation Session (JKPPA) were held to engage the public.
“This is akin to wasted efforts among the authorities and the public,” said Ali.
Yesterday, the case was dismissed by High Court judge Justice Amarjeet Singh.
Eight individuals had filed a judicial review application in January 2019 to challenge the Federal Territories Minister’s gazettement of the KLCP 2020.
They contended that the KLCP 2020 included 273 addendums that were not in the original draft from 2008.
After the ruling, the applicants’ lead counsel Datuk Dr Gurdial Singh Nijar told StarMetro outside the court that they would consider appealing the case.
The applicants have 30 days to file for an appeal.
Meanwhile, Kuala Lumpur Residents Action for Sustainable Development Association (KLRA+SD) chairman Tan Booi Charn emphasised that KLCP 2020 was gazetted with the changes in zoning and density, without going through public hearing.
“We would like to emphasise that public participation is crucial in urban planning and this is provided in the law.
“There are many good solutions to balance between the economy and a sustainable environment,” she said when contacted by StarMetro.
The KLCP is designed to ensure the city’s proper and systematic development.
Initially drafted in 1998 and finalised in 2012, the KLCP 2020 was gazetted only in 2018.
The plan included at least 273 items involving increased plot ratios and density, as well as land-use changes, which bypassed public hearings.
It was previously reported that certain quarters were against the KLCP 2020 being gazetted as it would legitimise prior violations.
According to the Auditor-General’s Report 2019 Series 2, land use zones involving areas in the capital in 2018 were not in line with the KLCP 2020, partly due to the long delay in gazetting the plan.
Taman Tun Dr Ismail (TTDI) resident Ahmad Khairudin Abdul Rahim, who is one of the applicants to the suit, said although disappointed, he would wait for the grounds of judgment.
“We will likely appeal the decision, but first, we need to seek the agreement of the others on the matter,” he said.
