KUALA LUMPUR, Dec 14 – Residents of Taman Tun Dr Ismail residents lost today their bid to get the court to temporarily halt all actions for a condominium project in the Rimba Kiara park, pending the end of a lawsuit to prevent the “irreversible” felling of trees.
In rejecting the TTDI residents’ application for a stay order, High Court judge Datuk Kamaludin Md Said said one of the reasons was because the condominium project landowner Yayasan Wilayah Persekutuan and developer Memang Perkasa Sdn Bhd had already invested RM115 million.
Lawyer Balan Nair who represented the TTDI residents, explained to reporters after the hearing that Kamaludin’s view was that “injunctive principles” should be applied to the case as respondents Yayasan Wilayah Persekutuan and Memang Perkasa will suffer “substantial losses”.
He explained that one of the grounds for dismissal was that there should have been an “undertaking to damages” from the residents due to the substantial amount of losses faced by Yayasan Wilayah Persekutuan and Memang Perkasa.
However, Balan said that Kamaludin did agree on their point of view that special circumstances should apply if it did not infringe on the third party rights of Yayasan Wilayah Persekutuan and Memang Perkasa.
“So bearing in mind the rights of third party are involved, he is of the view that injunctive principles should apply and having considered the threshold for injunction he is of the view that the applicants have not fulfilled the requirements, therefore the stay has been dismissed,” Balan said.
His next step will be appealing to the Court of Appeal next for a stay, in line with his clients’ instruction as his application for an interim stay pending appeal has also been dismissed.
“I asked for an interim stay pending appeal, the direction given was to file a formal appeal or move a motion at the Court of Appeal for stay. On that issue I still have to take instructions from the client,” he said.
The TTDI residents’ judicial review challenge seeks a court order to quash Kuala Lumpur City Hall’s approval ― in the form of a February 28 conditional planning permission and July 13 development order ― for the nine-block condominium project, which residents claim infringes on part of Taman Rimba Kiara land designated as public open space.
They are also seeking a court order to compel the KL mayor to adopt and gazette the Draft KL City Plan 2020.