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1994 MarsdenLR 1994

MAHADEV SHANKAR
LEE FREDDIE – Appellant
Versus
MAJLIS PERBANDARAN PETALING JAYA – Respondent


Advocates:
Kamilah bte Kasim (Shahinuddin & Ranjit) for the plaintiffs/applicants.
SK Ong (Lee Ong & Kandiah) for the first defendant/respondent.

Mahadev Shankar J

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 inju

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