DISAPPOINTED Taman Tiara Titiwangsa residents are willing to continue their fight against Kuala Lumpur City Hall (DBKL) for not being transparent and for failing its duty as a custodian for the public.

They said the local authority has let people down by deciding to appeal the Court of Appeal’s ruling that DBKL’s public hearing on a proposed luxury high-rise condominium in the area was null and void.

All residents want is transparent information on the project to build three blocks of condominium with 52 storeys each on a 3.04ha site, which they said has not been forthcoming.

Taman Tiara Titiwangsa spokesman Sylvester Navaratnam said it was ridiculous for DBKL to not to disclose information to the public.

“We have the right to proper information to assess the proposed project before we can make any objections.

“They don’t wish to be transparent, that’s why we took them to court. They are a custodian and they should comply with the public’s wishes,” he told The Malaysian Insight.

The residents took DBKL to court in May 2017 over its failure to provide the Traffic Impact Assessment (TIA), Social Impact Assessment (SIA) and Environmental Impact Assessments (EIA) reports for the said project, which is owned by Yayasan Wilayah Persekutuan.

On March 13 this year, the Court of Appeal nullified the public hearing held by DBKL on grounds that it did not adhere to Rule 5, which is meant to allow public participation in local government planning and development control.

A nullified public hearing, however, means the project will be left stagnant.

Federal Territories Minister Khalid Samad had said DBKL will let the law take its course with its appeal.

He said DBKL has the right to appeal a court ruling just as the residents had the right to challenge the local authority.

This has disappointed the residents, whom Navaratnam said had thought the new government would not pursue an appeal and instead take a more understanding approach about their concerns.

He said residents had to take DBKL to court over the project which was approved by the previous administration in order to stop it.

With DBKL’s appeal, the Federal Court will now have to decide if the local authority should reveal all three reports as requested by the residents. Residents want the information in order to make objections to the project.

“If we didn’t take DBKL to court, the previous regime would have approved the project. We will go all the way now and let the court decide,” said Navaratnam.

He also criticised Khalid’s remarks that DBKL would fight its legal battle with residents till the end, saying it was taxpayers who would ultimately foot the local authority’s legal bills.

Lawyer and local council expert Derek Fernandez, meanwhile, said DBKL’s decision to appeal went against the basic principles that Pakatan Harapan had claimed to stand for while they were in the opposition.

Fernandez recounted how, prior to winning the 14th general election last year. PH’s MPs had attacked Barisan Nasional and the former Federal Territories Minister Tengku Adnan Tengku Mansor over alleged conflict of interests between Yayasan Wilayah Persekutuan, DBKL and the ministry.

“They were sham hearings under Rule 5 where critical documents were refused to be given to residents objecting against development order applications (on the project) which directly affected residents.

“Many MPs had promised residents that PH would fight for and uphold these principles if they won the general election because such principles they claimed were essential to competency, accountability and transparency in good government.

“Pakatan repeatedly chanted this mantra while they were the opposition.

“By appealing the court of appeal decision in a case that started because of systematic abuse by the previous administration, it shows a clear indication to residents that nothing has really changed and it is business as usual,” Fernandez said. – May 2, 2019.