Granting of leave application not final ruling on 2035 local plan dispute, says MPAJ


THE Ampang Jaya Municipal Council (MPAJ) acknowledges the judicial review proceedings filed by 12 residents challenging its 2035 local plan, but says the court's decision to grant them leave does not signal a final ruling on the matter.

In a statement to StarMetro on Tuesday (Nov 3), the council said its president and five other parties named as respondents in the judicial review proceedings have been served with the relevant court document and will submit their respective defences against the applicants' claims.

"They have filed their respective affidavits and are currently preparing and filing written submissions to answer and defend their positions against the applicants' claims," the statement read.

On Oct 23, StarMetro reported that the Shah Alam High Court granted leave for a judicial review application challenging the MPAJ Local Plan 2035 (RT MPAJ 2035).

ALSO READ: High Court grants leave for judicial application to challenge Ampang Jaya local plan

A group of 12 individual residents in Ampang Jaya initiated the application.

The substantive judicial review application is fixed for hearing on Nov 25.

The Selangor government gazetted the RT MPAJ 2035 on Feb 6.

The plan serves as a framework for urban development in Ampang Jaya, outlining land-use zoning, development intensity and infrastructure planning.

It replaces the previous local plan, which was gazetted in 2011 and amended twice, in 2013 and 2016.

The group of residents raised concerns over several aspects of the plan, including land-use conversions and provisions allowing development in environmentally sensitive areas, which it emphasised could increase the risks of soil erosion, landslides and flooding.

MPAJ also noted that the decision regarding the merits of the applicants' claims will only be determined after the court examines the affidavits, written submissions, and oral arguments presented by all parties during the hearing, before deciding whether to allow or dismiss the judicial review application.

"Once the High Court delivers its decision on these judicial review proceedings, any aggrieved party may consider appealing to the Court of Appeal.

"The period for filing a notice of appeal against a High Court decision to the Court of Appeal is 30 days from the date of the decision," the statement read.

 

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