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1997 MarsdenLR 1040

HIGH COURT MALAYA SHAH ALAM
BANDAR UTAMA DEVELOPMENT SDN BHD & ANOR – Appellant
Versus
LEMBAGA LEBUHRAYA MALAYSIA & ANOR – Respondent


Petitioner Advocates:K Kirubakaran,Joseph Yeo ,Respondent Advocate: Cyrus Das,Ramesh Sanghir

JUDGMENT

Visu Sinnadurai J:

[1] The following judgment was delivered by Justice Dato' Dr Visu Sinnadurai.

[2] In this application, the applicants sought leave to apply for an order for certiorari under O 53 of the Rules of the High 1980.

[3] The applicants initially sought leave to quash the "approval of the proposed Damansara-Puchong highway interchange configuration at Jalan Damansara linking Bandar Utama by the first respondent" (the Lembaga Lebuhraya Malaysia) - see encl (1).

[4] However, by a subsequent application (encl 10), the applicant sought to amend the main application by seeking the following relief:

An order of certiorari directed to the first respondent to quash the decision dated 16 November 1996 communicated by the first respondent on 19 November 1996 and/or the approval by the first respondent to approve the interchange configuration of the proposed Damansara-Puchong highway at Jalan Damansara linking it to Bandar Utama.

[5] As there appeared to be some urgency on the matter, especially since the construction of the highway had already commenced, the application for leave was heard on an inter parte basis.

The Facts

[6] The first applicant, Bandar Utama Development Sdn Bh

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