On Jan 27, 2021, the Court of Appeal quashed the development order given by DBKL.
In a unanimous decision, a three-member panel led by Federal Court judge Justice Datuk Nallini Pathmanathan, along with Chief Judge of Malaya Justice Datuk Mohamad Zabidin Mohd Diah and Justice Datuk Rhodzariah Bujang, affirmed the decision of the Court of Appeal.DBKL, Yayasan Wilayah Persekutuan and the developer had then appealed to the Federal Court for the development order to be reinstated and continue to develop Taman Rimba Kiara.
She said the affidavits offered by the mayor offered little insight into how he exercised its discretion in issuing the order.“The mayor also relied on a series of planning rules and regulations which conflicted or contravened the KLSP2020,” she said. The court also rejected the submission by the appellants, namely the mayor, YWP and developer Memang Perkasa Sdn Bhd, that the KLSP2020 was a mere policy and was not legally binding.
On the issue of the mayor serving on the YWP board of trustees, the judge said there was a likelihood of a conflict of interest or bias involved. Legal battles ensued between residents with DBKL, YWP and the developer, while a series of negotiations to find a compromise failed.
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