FOR residents around Taman Awam Bukit Kiara, formerly known as Taman Rimba Kiara, April 18, 2023, is a date etched in their memory.
It was the day Malaysia’s highest court reaffirmed a ruling that nullified a contentious development order (DO), marking an end to a seven-year legal struggle to protect their green space.
The Federal Court had upheld a decision by the Court of Appeal that the DO issued for a highrise project at the site was invalid.
At a recent gathering in Taman Tun Dr Ismail as a run-up to the anniversary, those who had fought against the proposed highrise project reflected on the battle that had pitted them against Yayasan Wilayah Persekutuan (YWP) and Kuala Lumpur City Hall (DBKL) – both institutions under the then Federal Territories ministry.
Segambut MP Hannah Yeoh, who is also Youth and Sports Minister, recalled the emotional rollercoaster when the High Court in 2018 dismissed their application for a judicial review into the DO.
“I was trained as a lawyer and always believed in the justice system, but the ruling left me disheartened,” she said.
The High Court had ruled there were no illegal elements in the DO approval process and therefore refused to cancel it.
Still, the residents pressed on, taking the case to the Court of Appeal.
In 2021, the appellate court overturned the DO – a moment Yeoh described as both nerve-wracking and deeply moving.
“We were all on edge, waiting for the ruling,” she said.
“The court session was held virtually as it was during the movement control period, due to the Covid-19 pandemic.
“When the decision came through, we broke down in tears,” she recalled.
The legal battle, however, was not over as YWP and DBKL appealed to the Federal Court, seeking to reinstate the project.
On April 18, 2023, a three-member panel – led by Federal Court judge Justice Datuk Nallini Pathmanathan, alongside Chief Judge of Malaya Justice Datuk Mohamad Zabidin Mohd Diah and Justice Datuk Rhodzariah Bujang – unanimously upheld the appellate court’s decision and delivered a final victory to residents.
Khairudin Rahim, media coordinator of Save Taman Rimba Kiara Working Group, thanked the media for their extensive coverage of the issue.
“We had a right to know why this development was approved and whether the authorities’ actions were legal,” he said.
The Bukit Kiara story, stressed Khairudin, was testament to the power and determination of ordinary citizens.
“It was about people standing up to protect public land from being taken away by those in power,” he said.
