KUALA LUMPUR: Taman Tun Dr Ismail (TTDI) residents have failed to stop a proposed mixed development project at Taman Rimba Kiara.
High Court (Appellate and Special Powers) judge Justice Kamaludin Md Said handed down the decision on Thursday (Dec 14), dismissing the stay order against the project sought by the 10 applicants.
Justice Kamaludin said it was his opinion that there would be greater prejudice to the respondents if the court granted a stay.
He added that the respondents would suffer more damage if a stay was granted, in light of the huge expenditure incurred by the fourth respondent (Memang Perkasa Sdn Bhd) with the third respondent (Yayasan Wilayah Persekutuan).
Justice Kamaludin directed for RM10,000 in costs to be paid to the mayor of Kuala Lumpur, Yayasan Wilayah Persekutuan, Memang Perkasa and the Bukit Kiara Public Housing Residents Association each.
The 10 applicants were the management bodies of the Trellises Apartment, the Kiara Green Townhouses, the Residence Condominium, TTDI Plaza Condominium, The Greens Condominium, the TTDI Residents Association and four TTDI residents and house owners.
The 10 applicants had previously named the Kuala Lumpur mayor, DBKL, Yayasan Wilayah Persekutuan, Memang Perkasa and the Bukit Kiara Public Housing Residents Association as respondents in the judicial review application filed on Aug 11.
However, during the stay hearing on Wednesday (Dec 13), Justice Kamaludin allowed DBKL’s application to be struck out as a party to the lawsuit and ordered TTDI residents to pay RM2,000 in costs.
In the lawsuit, the applicants are seeking a certiorari order to quash the decision on the proposed development, which among others includes a 29-storey apartment comprising 350 units of affordable housing and eight service apartment blocks with eight storeys of podium parking space.
They also sought an order that the decision be temporarily suspended pending disposal of the judicial review application.
They said the 10.08ha Taman Rimba Kiara is a public park located in TTDI and Bukit Kiara area and was the green lung area of Kuala Lumpur.
The applicants claimed that the proposed development would have a negative effect as it would contribute to traffic congestion and pollution, destroy the green lung and destroy the public park in Kuala Lumpur where hornbill birds can be seen.