Abdul Hamid Omar LP(delivering the grounds of judgment of the court)

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.

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.

The City of Kuala Lumpur (Planning) Act 1973 (hereinafter 'the 1973 Act') repealed the Emergency (Essential Powers) Ordinance No 46 of 1970, but by s 48 of the 1973 Act, any rule made under the Emergency (Essential Powers) Ordinance No 46 of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 Ac