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2021 MarsdenLR 2525

COURT OF APPEAL PUTRAJAYA
PERBADANAN PENGURUSAN TRELLISES & ORS – Appellant
Versus
DATUK BANDAR KUALA LUMPUR & ORS – Respondent


Petitioner Advocates:Gurdial Singh Nijar,Christopher Leong,Alliff Benjamin Suhaimi,Abraham Au,Charles Chong,Ahmad Zhafir Rahmat ,Respondent Advocate: Gopal Sri Ram,Thangaraj Balasundram,Nalani Murugiah,Austen Pereira,Marcus Lee

JUDGMENT

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 deci

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