Abdul Hamid Omar LP:

[1] These two appeals were heard together because they raise virtually the same issues namely:

(i) whether rr 5, 6 and 11 of the Planning (Development) Rules 1970, (hereinafter, the 1970 Rules) are saved by the Federal Territory (Planning) Act 1982, (hereinafter, the 1982 Act);

(ii) if so, whether they are inconsistent with the 1982 Act;

(iii) if they are not saved by the 1982 Act, whether the adjoining owners have a right to be notified by the Datuk Bandar of Kuala Lumpur to put in their objections before the Datuk Bandar makes a development order under s 22 of the 1982 Act.

[2] The 1970 Rules were made by the Federal Capital Planning Authority with the approval of the Minister, in the exercise of the powers conferred under s 47 of the Emergency (Essential Powers) Ordinance No 46 of 1970.

[3] The City of Kuala Lumpur (Planning) Act 1973 (hereinafter, the 1973 Act) repealed the Emergency (Essential Powers) Ordinance No 46 of 1970, but by s 48 of the 1973 Act, any rule made under the Emergency (Essential Powers) Ordinance No 46 of 1970, continued in force unless it was inconsistent with the provisions of the 1973 Act.

[4] The 1973 Act was subsequently repealed