Councils can no longer ignore residents, says MP


Desmond Davidson

Kepong MP Lim Lip Eng says the Federal Court decision sets a precedent for future disputes between residents and local councils. – The Malaysian Insight file pic, April 19, 2023.

THE Federal Court’s dismissal of Kuala Lumpur City Hall’s (DBKL) appeal over a controversial construction project in Taman Rimba Kiara has set a new precedent in which local authorities can no longer bulldoze through any projects they like, Kepong MP Lim Lip Eng said today.

He added that the long-term implications of the decision is that local authorities consider building projects more carefully, if they negatively affect residents in an area.

He said yesterday’s ruling had set “a new direction for the future conduct of local authorities”.

“It is also a precedent for future court cases” he said.

Yesterday, DBKL failed in its appeal to reinstate the proposed Taman Rimba Kiara development project.

The apex court’s three-member panel – made up of Chief Judge of Malaya Zabidin Diah, and justices Nallini Pathmanathan and Rhodzariah Bujang – was unanimous in its decision that there was no merit in the appeal.

To avoid similar legal tangles in future, Lim said local governments are advised to seek the views of people “who have a genuine interest in their neighbourhood so that they can participate in the decision-making process before any land development orders can be granted”.

Lim said DBKL’s decision to take the case to the highest court in the land should also be scrutinised.

“You might question the legal expenses that DBKL will have to bear – and ultimately the Kuala Lumpur ratepayers – as a result of its decision to oppose the desires of Taman Tun Dr Ismail residents, and pursue the case to the highest court – only to lose.” – April 19, 2023.


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