Ttdi Residents Tell Court Of Done Deal To Develop Kiara Park
The proposed project involves building a 29-storey apartment block with 350 units of affordable housing, eight blocks of serviced apartments and an eight-storey parking facility.PUTRAJAYA: Taman Tun Dr Ismail residents told the Federal Court that Kuala Lumpur City Hall (DBKL) and the federal territories ministry’s foundation arm had given a developer an assurance that approval would be granted to develop Taman Rimba Kiara.
The park is part of the Bukit Kiara green lung and a designated open space in the KL local plan.
The residents’ lawyer, Gurdial Singh Nijar, said Yayasan Wilayah Persekutuan (YWP) had signed a joint venture agreement with Memang Perkasa Sdn Bhd on April 4, 2014, three years before DBKL granted a development order to the developer on July 13, 2017.
“The joint venture agreement, when read as whole, seems to be lopsided and in favour of Memang Perkasa,” he said.
“What they were required to do was just to pay a premium of RM60 million to change the land use status at the land office.
“When the deal was signed, the mayor had yet to call a public inquiry to hear objections from residents over this proposed development. It was a done deal.”
The proposed project involves building a 29-storey apartment block with 350 units of affordable housing, eight blocks of serviced apartments and an eight-storey parking facility.
Last year, the Court of Appeal had quashed the development order after conducting a judicial review sought by TTDI residents.
DBKL, Memang Perkasa and YWP appealed to the Federal Court to reinstate their plan to develop Taman Rimba Kiara.
Gurdial said the residents had legal standing to bring the action against the local authority, disputing an earlier argument raised by DBKL and Memang Perkasa.
He said during the public hearing on Aug 29, 2016, the then mayor (Amin Nordin Abd Aziz) did not object to the residents’ presence, or raise any questions, as to why they were there.
“It only became an issue when the judicial review was filed before the High Court in 2017,” Gurdial added.
Co-counsel Abraham Au told the court that the auditor-general (A-G) had conducted an audit on DBKL’s compliance with the Kuala Lumpur City Plan 2020, or KL Local Plan.
“The A-G held that there is only a 9.3% green area left in Kuala Lumpur,” Au said.
He added that the report is a “timely and felicitous reminder” that the mayor must consider the principles set out in the city plan and local plan before making a decision on whether to approve any development.
The hearing continues tomorrow before judges Nallini Pathmanathan, Rhodzariah Bujang and Zabidin Diah. - FMT
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