Court Contempt Bid Filed Against Developer Over Bukit Cerakah


 


Two environmental non-governmental organisations (NGOs) have gone to court to cite a developer for contempt over alleged development work at the Bukit Cerakah Forest Reserve.
Khazanah Alam Malaysia (Peka) and Shah Alam Community Forest Society (SACF) filed the committal application leave over the purported contravening of a court order against any development being carried out at the forest reserve.
On Aug 11, the High Court in Shah Alam ordered a stay over the Selangor government’s plan to proceed with the degazettement of part of the forest reserve.
The order was granted pending the disposal of a judicial review leave application by Peka and SACF that targeted the validity of the degazettement. The court will hear the leave application on Sept 28.
In the event that the court grants leave, it would later set a date to hear submissions from lawyers of the opposing parties over the merits of the legal challenge.
Degazettement refers to the removal of legal protection against development in relation to a forest area.
However, on Sept 13, Peka claimed that a developer was violating the court order, due to reports from members of the public, who were going through the area, of the sound of manual labour and work going on at Bukit Cerakah.
When contacted by Malaysiakini, the environmental groups’ counsel Rajesh Nagarajan confirmed that the contempt of court leave application was filed yesterday against YCH Development Sdn Bhd.
Following the filing of the bid, the court would later set a date to hear the application to decide whether Peka and SACF should be granted leave to proceed with the committal proceedings.
If leave is given, the court would set another date to hear the contempt application proper.
Under civil action, committal proceedings may result in imprisonment and fines if the court finds a party has committed contempt.
According to copies of the contempt leave application and accompanying affidavit sighted by Malaysiakini, law firm Raj & Sach filed the cause papers via e-filing last night.
Stay order
In the affidavit affirmed by Peka's chairperson Damien Thaman Divean, he claimed that YCH Development was successfully allowed by the court to intervene in the judicial review proceedings on Sept 2.
Damien alleged that on Sept 2, they had served on the company copies of the court's stay order over Bukit Cerakah dated Aug 11, to ensure that it would have knowledge of the ruling.
He claimed that the firm's lawyers - via a letter dated Sept 2 - had responded by saying that the company would continue with the works on the land which originated from the decision of the Selangor state executive councillors dated May 5.
The said decision is for the degazettement of Bukit Cerakah via a state government gazette dated April 14.
Damien claimed that the company was already made aware of the stay order against the degazettement during an online case management of the judicial review, via Zoom, on Sept 2.
He alleged that in the event that leave to commence contempt proceedings is not granted, then the developer would continue to violate the court's stay order over the forest reserve.
The application for leave to commence committal proceedings was made under Order 52 of the Rules of Court 2012.
The main judicial review named the following as respondents: the state government, its executive councillors, state Forestry Department directors and the Petaling Land and Mines Department.
Via the legal action, Peka and SACF - which are acting through applicants Damien and Lim Teck Wyn respectively - seek to challenge the legality of the degazettement of 406ha of land in the forest reserve.
The applicants claimed that the degazettement decision was obsolete as it was made 22 years ago.
They also claimed it was unlawful for the state government to backdate the gazette notification - issued on May 5 this year by the state Forestry Department - referring to the state executive council’s decision made in 2000.
In May, there was viral news about the statement on the degazetting of 406.22ha of the Bukit Cerakah Forest Reserve in Section U10, Shah Alam, which was allegedly done without a public hearing process in accordance with Section 11 of the Selangor State Forestry Act (EAPN) 1985.
The EAPN was amended by the Selangor government in 2011.
In July, the state Forestry Department clarified that the May 5 gazette notification to degazette the Bukit Cerakah Forest Reserve is to complete the delisting process that stopped in 2006.
Environmentalists argued that the state government should have held a public inquiry per the National Forestry Act (Amendment) Enactment 2011.
On Sept 5, Selangor Menteri Besar Amirudin Shari told the media that the state government will carry out the degazettement of the forest reserve to avoid the risk of legal action by companies with interests in the property. - Mkini


Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

http://malaysiansmustknowthetruth.blogspot.com/2022/09/court-contempt-bid-filed-against.html

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
Developer Violating Court Order Over Bukit Cerakah Ngo

Developer Violating Court Order Over Bukit Cerakah Ngo

papar berkaitan - pada 13/9/2022 - jumlah : 131 hits
An environmental group has claimed that a developer is contravening a court order against development being carried out at the Bukit Cherakah Forest Reserve As a result Khazanah Alam Malaysia s legal team will be filing contempt of court pr...
Unilateral Conversion Of Kids Court Allows Single Mum Loh Siew Hong To Initiate Committal Proceedings Against Ex Hubby

Unilateral Conversion Of Kids Court Allows Single Mum Loh Siew Hong To Initiate Committal Proceedings Against Ex Hubby

papar berkaitan - pada 21/9/2022 - jumlah : 102 hits
Loh Siew Hong with her lawyers leave the Kuala Lumpur High Court June 15 2022 Picture by Shafwan ZaidonKUALA LUMPUR Sept 20 The High Court here today granted an ex parte application for leave by single mother Loh Siew Hong to initiate commi...
Kl Folk Warn Dbkl Minister Of Court Action Over Flood Mitigation Plans

Kl Folk Warn Dbkl Minister Of Court Action Over Flood Mitigation Plans

papar berkaitan - pada 21/9/2022 - jumlah : 114 hits
The Kuala Lumpur residents say floods in the city had led to loss of lives livelihoods and properties in the past PETALING JAYA Several Kuala Lumpur residents will take Kuala Lumpur City Hall and federal territories minister Shahidan Kassim...
Man Wins Case Against Local Council Over Damage Caused By Pothole

Man Wins Case Against Local Council Over Damage Caused By Pothole

papar berkaitan - pada 24/9/2022 - jumlah : 163 hits
Fahrurrazi Hamid said he was driving at night on Jalan Sungai Long near Budiman Business Park in September 2020 when his car hit the pothole PETALING JAYA A man has won a compensation claim against a local council after his car was damaged ...
Dbkl Warns Bukit Dinding Developers Against Starting Work On Site

Dbkl Warns Bukit Dinding Developers Against Starting Work On Site

papar berkaitan - pada 23/9/2022 - jumlah : 106 hits
Residents in the vicinity of Bukit Dinding are concerned about a new apartment complex that will be built in the area PETALING JAYA Kuala Lumpur City Hall has reminded developers of an apartment complex in Bukit Dinding a popular hiking tra...
Ngo Bukit Cerakah Degazettement Driving Away Migratory Birds

Ngo Bukit Cerakah Degazettement Driving Away Migratory Birds

papar berkaitan - pada 12/9/2022 - jumlah : 185 hits
Thousands of migratory bird species have stopped flocking to the Bukit Cerakah Forest Reserve due to the deforestation of the area an environmental NGO said Malaysia Partners of Environment Organisation president Abdul Malek Yusof pointed o...
Security Guard Slapped With Rm21 000 Fine Over Offensive Posts Against Johor Sultan

Security Guard Slapped With Rm21 000 Fine Over Offensive Posts Against Johor Sultan

papar berkaitan - pada 7/9/2022 - jumlah : 136 hits
Mohd Hairol admitted to making and starting the transmission of malicious communications with the intention of hurting others through the Facebook application using the profile name 8216 Mohammad Khairolmanshur 8217 between 10 51am to 11 01...
Apex Court Stays Tax Summary Judgment Against Najib And Son

Apex Court Stays Tax Summary Judgment Against Najib And Son

papar berkaitan - pada 21/9/2022 - jumlah : 96 hits
Najib Abdul Razak and his son Mohd Nazifuddin succeeded in obtaining an apex court order to stay the tax related summary judgment against them A three person Federal Court bench chaired by Chief Justice Tengku Maimun Tuan Mat unanimously al...
Dap Files Macc Report Against Hadi Over Alleged Rm90mil Bribe

Dap Files Macc Report Against Hadi Over Alleged Rm90mil Bribe

papar berkaitan - pada 10/9/2022 - jumlah : 111 hits
A DAP assemblyman has filed a report with the Malaysian Anti Corruption Commission against PAS president Abdul Hadi Awang for alleged corruption money laundering and tax evasion This follows a recent viral video of Sarawak Report editor Cla...
Fungi Wechat Yang Ramai Tak Tahu

Ziana Zain Duta Rasmi Csa Academy

Asan Lembu The Movie

Di Masjid Muhammadiyah Nurul Yakin Paus Quran Dan Sains By Dr Hm Raki

Hospital Kuala Pilah

Ramadan Bazaars 2024 Exploring The Culinary Delights Of Selangor S Ramadan Bazaars

Saya Dan Rafizi Tiada Isu Peribadi Kata Puad

Hallway Wall Art Mockup For A Sophisticated Look



Koleksi 15 Lagu Hari Raya Terbaru Yang Meriahkan Aidilfitri 2024 Bakal Evergreen Bak Lagu Lama

6 Pantang Larang Penting Kalau Nak Selamat di Sekolah Asrama

Info Dan Sinopsis Filem 19 Puasa Playboys Of Plastik Hitam Astro First

Casimir Zeglen Paderi Yang Mencipta Jaket Kalis Peluru

Biodata Mohammad Rifdean Masdor Atlet Muay Thai Malaysia Yang Gegarkan One Championship Seangkatan Johan Ghazali Jojo


Tawarkan Lebih Pilihan Pembiayaan Kepada Mahasiswa

Hari Ini 2 Al Hamdulillah Padi Dalam Pasu

Menu Sahur

Terkejut Jumpa Segenggam Paku Dalam Lemang

Pemain Newcastle Tonali Dituduh Melanggar Peraturan Pertaruhan Bahasa Inggeris

Akmal Sokong Mb Johor Tularkan Isu Kesesakan Tambak Johor