PUTRAJAYA: The Sepang Municipal Council lost in its appeal to be allowed to remove the Automated Enforcement System (AES) cameras and poles at two locations in Sepang.
A three-member Court of Appeal panel, comprising Justices Datuk Mohd Zawawi Salleh, Vernon Ong Lam Kiat and Datuk Abdul Rahman Sebli, unanimously dismissed the municipal council's appeal.
It also dismissed the cross-appeal brought by the company operating the AES, Beta Tegap Sdn Bhd, in respect of a part of a High Court's ruling that the pole and camera fell within the definition of "building" as defined in the Street, Drainage and Building Act 1974.
Justice Mohd Zawawi, who chaired the panel, did not make any order on the costs for the proceedings in the Court of Appeal.
On Feb 21, 2013, the High Court in Kuala Lumpur ruled that Beta Tegap could install cameras at the North-South Expressway (NSE) and South Klang Valley Expressway (SKVE), both located in Dengkil, Sepang.
Judge Datuk Zaleha Yusuf, in allowing Beta Tegap's judicial review application to quash the municipal council's notices to direct the company to dismantle the AES cameras, held that the council did not have the jurisdiction to do so.
This, she said, was because the structures were located on the two highways, which were federal roads, and did not fall within the municipal council's jurisdiction.
In its judicial review application, Beta Tegap said the municipal council, through a letter dated November 19 last year, required the company to apply for permission to install the AES poles and cameras at the two highways.
Lawyer Gobind Singh Deo represented the municipal council, while lawyer Fiona Bodipalar appeared for the company.
Senior Federal Counsel Amarjeet Singh appeared for the Attorney-General's Chambers which was allowed to be an intervenor in the legal suit. - Bernama
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