Abdul Hamid Mohamad JCA:

Gasing Meridian Sdn. Berhad, the appellant in this court is the registered proprietor of various lots of land in Kuala Lumpur ("the lands") which it purchased on 31 October 1995 for RM60 million. To pay for part of the purchase price, the appellant took a loan of RM34 million from a bank. In 1998 part of the lands was acquired pursuant to the Land Acquisition Act 1960. The appellant's intention was to develop the lands for sale (a) with bungalows constructed on them and/or (b) as land suitable for the construction of bungalows.

By letters dated 5 August 1996, the appellant applied to the respondent for approval to do the following:

(i) To carry out the construction of roads and drains to service the lands;

(ii) To carry out the earthworks with respect to the aforementioned roads and drains.

On 11 June 1999, the respondent issued an approval for the first stage of the works. Upon completion of the first stage, the appellant was required to make a fresh and separate application for approval of the second stage. The appellant was unhappy with the stage-by-stage approval. The appellant said that it was not possible to carry out the works pursuant to the two-stage approval. The appellant appealed to the Planning Appeals Board pursuant to s. 23 of the Federal Territory (Planning) Act 1982 ("the Act").

On 25 August 2000, the Planning Appeals Board gave its decision, as follows:

(a) We agree with the submissions by the company that it is prohibitive and not viable for the land to be developed in two stages. The development in these two stages as proposed by the DBKL cannot be carried out by the company because of viability and other factors as pointed out by the company.

Taking into consideration the submissions, the DBKL's view that the land (the 82 lots) as a whole is too steep and not suitable for the development as proposed by the company in their proposed development plan. We have visited the place and agreed with the DBKL views that if the company is to carry out development of land as a whole in a single phase, it could not be done because contour of the land especially the upper part is too steep.

The appeal by Gasing Meridian Sdn. Bhd. for one stage approval is therefore dismissed.

(b) Perintah memihak responden selepas pendengaran.

Rayuan ini setelah didengar di hadapan Lembaga Rayuan pada 25 haribulan Ogos 2000.

Adalah pada hari ini diperintahkan bahawa Rayuan ditolak dengan kos. Bertarikh 25 haribulan Ogos 2000.

Subsequently, on 13 September 2000, the appellant wrote to the respondent asking the respondent to issue a requisition notice under s. 30 of the Act. The respondent through their solicitors by letter dated 27 September 2000 declined the request.

On 18 October 2000, upon request by the respondent, the appellant applied to the Planning Appeals Board for clarification of the order of 25 August 2000. By a letter dated 8 December 2000 the Board clarified the decision as follows:

(i) Rayuan oleh Gasing Meridian Sdn. Bhd. ditolak dengan kos;

(ii) Mengikut pandangan Syarikat dari segi praktik dan ekonomi tanah tersebut tidak dapat dibangunkan sebagai dua (2) peringkat.

(iii) Tanah tersebut tidak dapat dimajukan sekali gus sebagai satu (1) peringkat kerana ketinggian tanah yang begitu curam.

On 4 October 2000 the appellant filed an ex parteoriginating motion praying for the following orders:

(a) An order of mandamus directing as follows:

That the Respondent within 14 days from the date of the order issue to the Applicant the "requisition notice" pursuant to s. 30 of the Federal Territory (Planning) Act 1982 with respect to the Applicant's lands held under Lots No.37180 to Lot No. 37255 (inclusive) and Lots No. 37257 to No. 37262 (inclusive) all in the Mukim of Kuala Lumpur, Wilayah Persekutuan ("Lands") less the lots and/or parts of the lots already acquired pursuant to the Land Acquisition Act 1960 ("Acquired Lots").

(b) In the alternative to paragraph (a) above, declarations declaring as