A victory for KL residents

Public park: A general view of Taman Rimba Kiara.

“IT is the court’s duty to protect public interest when land allocated for public space is removed from public use and utilised for private ownership. Even more so if this is done without the knowledge of the public.

“DBKL broke the law in the process of approving the development order (DO); it failed to follow the Kuala Lumpur Structure Plan 2020 (KLSP2020), and it failed to disclose reasons as to why it issued the DO and did not follow the Plan.”

These are two key points from the Federal Court’s ruling last week to dismiss the Kuala Lumpur City Hall’s (DBKL) appeal to reinstate the proposed Taman Awam Bukit Kiara (previously known as Taman Rimba Kiara) mega project in Taman Tun Dr Ismail (TTDI).

In a unanimous decision, a three-member panel led by Federal Court judge Justice Nallini Pathmanathan, along with Chief Judge of Malaya Justice Mohamad Zabidin Mohd Diah and Justice Rhodzariah Bujang, affirmed the decision of the Court of Appeal.

This landmark ruling is a major victory for not only TTDI residents but also neighbouring communities that have been fighting to protect green spaces against unsustainable commercial interests.

The fact that this judgment came just one day after the appointment of the new Kuala Lumpur Mayor took effect (April 17) is ironic.

Former DBKL executive director (project management) Datuk Kamarulzaman Mat Salleh is the new czar of our capital city.

We certainly hope Kamarulzaman fulfils his responsibilities, but as mayor, the first thing that he should take note of is the embarrassing reprimand from the apex court.

Justice Nallini said the court primarily considered whether the mayor, as an entity under the Federal Territories (FT) Act, had exercised his discretion correctly and lawfully.

She said that according to the KLSP2020, the land alienated for development was demarcated as a green area for public use.

“It seems that the demarcation was changed without a corresponding rectification in the structure plan,” she said, adding that no hearings were held to gather objections and input from the public about the change in land status.

The decision to quash the development order for Taman Awam Bukit Kiara should be hailed by all Kuala Lumpur residents.

The verdict, which brings to a close a seven-year saga involving stakeholders and DBKL, is a win for residents fighting to preserve public spaces.

“This win gives hope to every other resident in Kuala Lumpur who has had sleepless nights about the current or future developments happening in their backyard that may affect their quality of life.

“There is hope in fighting for what you believe in,’’ said Taman Desa Residents Association chairman Wong Chan Choy.

TTDI residents have been fighting against the development order since it came to light in 2016. The original DO was for building a 29-storey apartment block with 350 units of affordable housing, as well as eight blocks of serviced apartments and an eight-storey parking facility.

In 2017, they filed for a judicial review against DBKL and the mayor, seeking to quash the development order.

The High Court subsequently denied the request after concluding that no elements of illegality were found in the order’s issuance.

In December 2018, TTDI residents filed an appeal with the Court of Appeal to challenge the High Court’s decision. In January 2021, the Court of Appeal overturned the High Court’s verdict, effectively quashing the development order.

Last year, the Dewan Rakyat was told that DBKL had so far spent RM1.106mil on legal costs for the Taman Rimba Kiara lawsuit between 2017 and 2021.

This amount would have increased by now. And in light of the Federal Court’s decision, DBKL should now do the right thing. The entire Bukit Kiara Park, a haven for flora and fauna, should be gazetted and preserved as a public park for the use and enjoyment of all.

But there is also the fate of the 98 families who live in wooden longhouses within the park’s vicinity to consider.

These longhouse residents were relocated there more than 40 years ago. The settlers were promised permanent housing, and they have been fighting for this to be built within the existing 1.62ha longhouse footprint.

On this particular issue, Justice Nallini said this was a separate obligation owed by the authorities.

“The mayor is not to rely on this issue to justify granting the development order, which, in effect, converts the public space into a mixed development for private purposes,” she added.

This makes it crystal clear that the local authority and the Federal Government should now work to deliver affordable, low-density, permanent housing for the longhouse residents.

This proper and fair resolution to permanent housing for these long-suffering families should be expedited as soon as possible.