KUALA LUMPUR: Some 62 registered strata title owners of the Ampang Park Shopping Centre are seeking to initiate a judicial review proceedings to stay the ongoing land acquisition bid for an MRT project.
They claimed that it is a first shopping centre in Malaysia, which need to be protected, especially due to its "historial value”.
They are seeking leave from a High Court (Appellate and Special Powers Division) here to commence the judicial review proceedings against the Government and three others.
In the court papers, 39 applicants, who own more than one strata title, want a declaration that the approval of the state authority for the acquisition of their lands for Project Mass Rapid Transit Klang Valley -Sungai Buloh - Serdang - Putrajaya link, or the MRT project pursuant to the Land Acquisition Act 1960, are unconstitutional, unlawful and invalid.
Among others, they want the notice of enquiry issued by the state authority dated Oct 22 last year over their lands to be set aside by the court.
They also want any other subsequent proceedings for the acquisition of their lands for the MRT project to be declared as illegal and invalid.
The applicants are also asking for a court order to stay all forms of proceedings or decisions made whether by the Federal Territories Ministry, the Government, Federal Territories Lands and Mines director, or the Federal Territories Land Administrator named as respondents, until disposal of the judicial review application.
They filed the court papers at the High Court (Appellate and Special Powers division) registry through their lawyers, Jason Ng Kau and Datuk Edward Ng Boon Siong, via e-filing Friday.
Speaking to reporters here, Ng Kau said he had represented the owners during the land inquiry at Wisma Jupen between Dec 1 and Dec 23.
"We want to stay further land inquiry proceedings in order for MRT Corporation and land owners to negotiate and reach a win-win situation by signing a mutual agreement.
"We support the Government for the underground MRT project but do not want the Government to demolish the shopping centre which has been in business for 43 years," said Ng Kau.
Boon Siong claimed that the underground MRT project would not affect the shopping centre and that there was no necessity to demolish the building.
"Ampang Park is the first shopping centre in Malaysia and carries a historical value," he added.
Persatuan Kebajikan Peniaga-peniaga Kecil Ampang Park Kuala Lumpur president Datuk Alam Julumiah, who also owns a travel agency and a moneychanger lot at the shopping centre, said they agreed to the MRT project but wanted the Government to stop the building from being demolished.
"It is a heritage for us. If you demolish it, you can't get back Ampang Park," said Alam.
His deputy president Wan Kamal Izudin Wan Kassim said the shopping centre which was set up in 1971, has been operational since 1973, and has 253 business lots.
"There are 200 business operators. It is a one-stop business centre. We want to save the shopping centre and it is not a matter of compensation," said Wan Kamal.
He said MRT's management had issued a notice asking them to vacate the building by April this year but it was business as usual for them.
Dr Dzul Khaini Husain, who has been a dentist at Ampang Park since 1979, said the judicial review was filed to delay acquisition of the land and a bid to get a fair hearing.
"We want to see whether a mutual agreement can be achieved," said Dr Dzul, who is also the head of a special committee to save the shopping centre.