Mahadev Shankar JCA:

[1] I struck this action out on the ground that the statement of claim did not disclose a reasonable cause of action and also on the ground that it was an abuse of the process of this Court. My reasons now follow.

[2] The first three defendants have their dwelling houses in Jalan 5/60, Petaling Jaya. The next three live in Jalan 5/54. The seventh lives in Jalan 5/42. They are collectively referred to as "the defendants". Their houses are located in close proximity to the Bukit Gasing Ridge. A susbtantial portion of Bukit Gasing was designated a Green Belt area.

[3] The concern of the defendants to preserve the environmental integrity of the area was well known to the Majlis Perbandaran Petaling Jaya (the MPPJ). In September 1990 when an unidentified developer commenced survey work in the area they alerted the MPPJ. The Town Planner James Fredericks visited the area with some of his officers and then gave a public assurance that development projects in the green belt area will not be approved. Similar assurances were given by the Barisan Nasional candidate Datuk Soong Siew Hoong, and the State Assemblyman Encik Teong Shyan Chuyan in October 1990 and early 1