TAMAN Tun Dr Ismail (TTDI) residents have no legal standing (locus standi) to object to the development at Taman Rimba Kiara, the Court of Appeal heard today.

Lawyer Cecil Abraham, representing Malton Bhd and Yayasan Wilayah Persekutuan, said the reason is that they are not owners of the adjacent land (to the development). 

“Some of the people who are not owners of the land had attended the public inquiry (on the proposed project) doesn’t mean they have locus standi,” he said at the Palace of Justice today. 

A group of TTDI residents, under Save Taman Rimba, are appealing a lower court’s dismissal of their application for a judicial review to challenge approval for the development.

The project consists of nine blocks of apartments in a venture between Yayasan Wilayah Persekutuan (YWP) and Memang Perkasa Sdn Bhd, a subsidiary of Malton Bhd.

Abraham said they have no rights to locus standi because they said that they were adversely affected (by proposed project). 

“The reason is that the residents are not owners of the adjacent land and that they are severely affected. 

“Taman Rimba Kiara is not a public park as it has not been gazetted. Many people from other areas also come to the park, so it doesn’t mean they have locus standi.”

The joint management body of condominiums also has no locus standi. 

“They (JMB) are representing the owners of the condominiums in TTDI. There is no explanation why the individual owners were not included in the judicial review. 

“There is also no evidence of an extraordinary general meeting or annual general meeting to commence a judicial review.”

The appeals bench – comprising justices Mary Lim, Haszanah Mehat and S. Nantha Balan – is hearing the case.

Nantha then asked about the role of the JMB. 

“Isn’t the JMB representing the residents?”

Abraham said they handle land matters and upkeep of the residences. 

“The JMB role is to keep it (condos) serviceable and comply with DBKL’s requirements. Does this give powers to the JMB to proceed with judicial proceedings?”

The hearing continues on Monday. 

KL City Hall approved the joint venture in 2014, when Barisan Nasional’s Tengku Adnan Tengku Mansor was the minister.

TTDI residents said the project will destroy 10ha of one of the last remaining green lungs in Kuala Lumpur.

Under Pakatan Harapan, Federal Territories Minister Khalid Samad has been negotiating for a scaled-down project comprising four blocks of serviced apartments and 204 affordable housing units, which the Save Taman Rimba group has also rejected. – February 7, 2020.