Judicial review proceeds on establishing locus standi, adhering to procedural imperatives, and ensuring neutrality in decision-making by public authorities; faults in these areas can invalidate planning decisions.

Mary Lim Thiam Suan JCA:

Introduction

[1] The principal issues in this appeal concern the question of locus standi to initiate judicial review proceedings against the local authority in matters concerning planning and development of an area falling within the purview of the local authority; and the ambit of challenge. The respective parties have made extensive oral and written submissions and the court records its appreciation for the assistance rendered.

The Application For Judicial Review

[2] The appellants application for judicial review for the following orders was dismissed by the High court:

i. orders of certiorari to quash a Conditional Planning Approval dated 28 February 2017 and a Development Order dated 13 July 2017 issued by the 1st respondent in relation to a proposed development of a piece of land known as HSD 119599, PT 9244,Mukim Kuala Lumpur, Bukit Kiara, Daerah Kuala Lumpur [the Land];

ii. an order of mandamus directing the 1st respondent to adopt the draft Kuala Lumpur Local Plan 2020 and to thereafter publish the adoption in the Gazette pursuant to; s 16 of the Federal Territory (Planning) Act 1982 .

[3] These were the principal reasons for the High Courts decision:

i. the appellants lack locus standi;

ii. the impugned decision was not tainted with any illegality, irrationality or procedural impropriety.

The Development Order

[4] These are the underlying facts as gathered from the numerous affidavits and counter-affidavits filed. The appellants interests and complaints concern a Development Order dated 13 July 2017 granted by the 1st respondent, the Datuk Bandar. The area which forms the subject matter of the Development Order is said to involve a public park known as Taman Rimba Kiara, Bukit Kiara Kuala Lumpur [Taman Rimba Kiara], located within Taman Tun Dr Ismail [TTDI] and Bukit Kiara. The appellants claim that Taman Rimba Kiara comprises some 25.2 acres. The existence and size of this park is contested by the Datuk Bandar, 1st respondent, in particular.

[5] Be that as it may, Taman Rimba Kiara did not start off as a park. It was initially part of a privately-owned rubber estate which was compulsorily acquired by the Federal Government in the 1970s. After the acquisition, it seems there was a master plan drawn up where the entire area would be turned into the Kuala Lumpur Botanical Gardens, National Arboretum and a Heroes Mausoleum. Taman Rimba Kiara was designated to be a large- scale nursery, supporting the botanical gardens and the arboretum.

[6] That plan did not proceed. Instead, three large pieces of the Bukit Kiara estate were retained as contiguous green spaces for public use namely, Taman Awam Bukit Kiara, Taman Lembah Kiara and Taman Rimba Kiara.

[7] Following the acquisition, the former workers of the Bukit Kiara rubber estate and their families were resettled into longhouses [Bukit Kiara Longhouses] located within the north-east corner of Taman Rimba Kiara. Some of these former workers were employed at the nursery within Taman Rimba Kiara. At the time of resettlement in the 1980s, the 100 odd families of the Bukit Kiara Longhouses were promised long-term permanent housing by the Federal Government. The promise has yet to be fulfilled.

[8] Meanwhile, aside from being a nursery, the Taman Rimba Kiara was developed by the local authority of Kuala Lumpur as a public open space, green area and recreational area for the general public. Apparently, Taman Rimba Kiara is unique in that it is the only public park within the capital where wild hornbills are regularly sighted. It is also the habitat and/or migration point for various flora and fauna, many of which are said to be of protected species. The appellants describe it as functioning as "a green lung for the Kuala Lumpur and Selangor public (including the residents of TTDI ) since the 1980s. Taman Rimba Kiara is unique within the Bukit Kiara Green Lung because of its combination of lush greenery and large open spaces that allow for large scale public a