RESIDENTS of Taman Tun Dr Ismail (TTDI) are allowed to refer to the second series of the auditor-general’s report 2019 and the addendum of the Kuala Lumpur City Plan in the appeals brought by Kuala Lumpur City Hall (DBKL) and four others to reinstate the proposed Taman Rimba Kiara project development order.

This followed a decision by a Federal Court three-man bench, led by judge Nallini Pathmanathan, in ruling that the documents sought by the TTDI residents are public documents under the Evidence Act and are admissible.

However, she said, the issue on the relevancy and weight to be accorded to the documents will be dealt with at the hearing of the appeal.

She also said lawyers representing the parties in the appeals are at liberty to rebut those documents.

Nallini, who presided with judges Zaleha Yusof and Rhodzariah Bujang, said the documents are included in the appeal records and, therefore, it is unnecessary for the residents to file an application to seek leave to adduce those documents as fresh evidence in the appeals.

Hence, she struck out the leave application by the residents concerned to adduce those documents as fresh evidence in the appeals.

In the proceeding, conducted online via zoom, lawyer Gurdial Singh Nijar, appearing for the residents, wanted chapter 6 of the auditor-general’s report 2019 series 2, published and tabled to the Dewan Rakyat on September 29 last year and the addendum of the Kuala Lumpur City Plan 2020, which was adopted and gazetted by the Datuk Bandar of Kuala Lumpur on October 30, 2018, to be included in the appeals.

He said the documents are relevant for determination of the appeals, particularly relating to the issue of whether the Kuala Lumpur Structure Plan 2020 has legal effect.

On September 1 last year, DBKL, developer Memang Perkasa Sdn Bhd, Yayasan Wilayah Persekutuan and Bukit Kiara Public Housing Residents Association obtained leave to appeal to the Federal Court against a Court of Appeal decision, which quashed the development order of the project.

The appellate court, on January 27 last year overturned the November 28, 2018 decision of the High Court that rejected the residents’ judicial review to get a certiorari order to quash the conditional planning permission and development order issued by DBKL.

The residents filed the judicial review application on August 11, 2017 through the management bodies of Trellises Apartment, Kiara Green Townhouses, Residence Condominium, TTDI Plaza Condominium, The Greens Condominium as well as TTDI Residents Association and four TTDI residents and house owners. 

They named DBKL, Yayasan Wilayah, Memang Perkasa and the Bukit Kiara Public Housing Residents Association as respondents in the judicial review.

The residents sought a certiorari order to quash the development order dated July 13, 2017 issued by DBKL for the proposed development of eight blocks of high-end serviced apartments and 29-storey apartments, comprising 350 units of affordable housing, to be built on a piece of land, which is part of a public park known as Taman Rimba Kiara.

Lawyers B. Thangaraj appeared for DBKL, Gopal Sri Ram and Khoo Guat Huat for Memang Perkasa, Cecil Abraham for Yayasan Wilayah Persekutan and Harpal Singh Grewal for the Bukit Kiara Public Housing Residents Association. – Bernama, January 19, 2022.