The second defendant is also known as the Federation of Malaya Government Officers Co-operative Housing Society Ltd ('the Co-op'). It owns land in what is now known as SS1 in the Municipality of Petaling Jaya. The land area is 1.307 acres and is comprised in Lot 1916, Mukim Damansara, District Petaling ('the said land'). The Co-op originally wished to erect 40 units of luxury apartments in two blocks of five storeys each and 20 units of semi-luxury apartments in one block also of five storeys upon the said land.

The plaintiffs are owners and residents in three bungalows in the immediate vicinity of the said land. The third plaintiff is the president of the Kampong Jamil Rais Owners'/Residents' Association ('the Association'). They want the said land to remain vacant as a recreational area.

The Majlis Perbandaran Petaling Jaya ('the MPPJ') is caught in the middle. On 7 December 1992, the MPPJ gave its approval ('the said approval') to an amended building plan permitting the Co-op to put up 48 units on the said land.

The Association came to this court to prevent those buildings from going ahead. On the day of the hearing, its counsel abandoned the prayer for an injunction and concentrated her efforts in persuading this court to grant an order of certiorari to quash the said approval. Two grounds were urged. First, it was said that since the Association's objections had not been heard before the said approval was granted, there was a failure of natural justice. Secondly, it was urged that the Association had a legitimate expectation that it would be consulted and that in all the circumstances of the case, the said approval should not have been granted at all.

In the early '60s the SS1 area was known as Diana Estate. Its nucleus was Sungei Way New Village. It came within the administrative area of the Sungei Way Town Board ('SWTB'). It was outside the area of the Petaling Jaya Town Board ('PJTB'), in the domain of the District Office Klang and was comprised in the title Grant 7133.

The nominal predecessor of the Co-op at that time was the Malaysia Government Services Welfare and Recreational Council. With the help of a private developer called Euco Development Ltd, the Council put up a brochure entitled 'Housing scheme for government officers'. The brochure contained a layout plan for the proposed sub-division of Grant 7133 into 183 bungalow lots. The said land was more or less in the centre. It was designated 'Proposed two blocks 11-storey flats with shops under'. (This layout plan is hereafter referred to as the 'Co-op's layout plan'.) Adjoining it was a slightly smaller portion designated as a 'padang'.

The Council aforesaid was reconstituted as The Federation of Malay Government Officers Co-operative Housing Society Ltd. This Co-op applied for sub-divided titles in accordance with the Co-op layout plan. It then sold these bungalow lots to its members. The said land it retained for itself.

The Co-op's qualified title ('QT') for the said land was issued on 10 June 1968. In the QT, the said land was referred to as Lot 1916. It is important to note that the category of land use specified in the title was clearly stated as 'building'. The express conditions of the title stated:

The land herein described shall be used for the purpose of a housing scheme and other purposes in conformity with the said scheme and shall not be used for any other purpose without the consent of the Ruler in Council. The said housing scheme shall be approved by the District Officer, Klang upon agreement with the layout plan having been prepared by the State Planning Officer, Selangor.

The QT was superseded by Grant 35572 issued on 6 December 1991. The special conditions remained the same. We are not concerned with the adjoining lot designated 'padang' in the Co-op layout plan. This 'padang' was also issued with a qualified title under Lot 1915 and remains a 'padang' to this day.

Although this housing scheme was approved by the District Of