Wan Afrah Wan Ibrahim J:

The Application For Judicial Review

[1] This is an application for judicial review of the respondent's decision dated 21 June 2007, pursuant to a notice issued under s 13 of the Electricity Supply Act ("ESA 1990"), whereby the respondent sought to, inter alia, enter into the lands belonging to or occupied by the applicants in Kampung Sungai Terentang to carry out the following activities:

(i) to carry out works to upgrade the distribution supply lines from 33kV to 275 kV and to lay and place supply lines within the areas where posts have been erected and to construct and to reserve a 5 foot pathway for the inspection of the said lines;

(ii) to use the existing access road and lanes for the construction and completion of all of the above works;

(iii) to carry out maintenance, repairs and upgrading of the electrical installation from time to time;

Relief Sought

[2] The substantive orders sought by the applicants in this judicial review proceeding are as listed down below:

(i) an order of certiorari to quash the decision of the respondent in issuing the notice under s 13 ESA 1990.

(ii) stay order against the respondent to carry out the works pending the disposal of this proceeding.

(iii) a declaration that notices issued under s 13 ESA 1990 is null and void; and

(iv) an injunction restraining TNB from carrying out the works proposed in notices issued under s 13 ESA 1990.

The Grounds Supporting This Applications

[3] The applicants seek to rely on the following grounds as enumerated in their amended statement under O 53 r 3(2) of the Rules of High 1980 ("the statement"):

(i) the impugned decision is illegal for both procedure ultra vires and substantive ultra vires since s 13 of the Act is not applicable for work involved for the CAR project and as such the respondent does not have the power to proceed with the work over the applicants' lands.

(ii) the respondent had failed to take into consideration relevant matters and/or had taken into consideration irrelevant matters in making the impugned decision.

(iii) the respondent in deciding to proceed work on the applicants' lands has acted in a manner a reasonable body charged with the same functions and responsibility would not have done.

(iv) the respondent failed to take into consideration the proportionality and effect of its decision to the extent that monetary means cannot compensate the applicants adequately in them not proceeding with the proposed Alternative Route.

Background Of The Case

[4] According to the applicants, Kampung Sungai Terentang is located between the Rawang Village and Kanching Village, 16 miles along the right hand side of the old road from Kuala Lumpur to Ipoh. Historically, it became a Chinese New Village in the late 1940s when about 1,500 Chinese in the surrounding areas were moved by the British Government pursuant to the Briggs' Plan to be relocated in the Kampung Sungai Terentang New Village.

[5] Based on the facts deposed by the applicants, there are now about 600 residential houses in Kampung Sungai Terentang with a population of about 5,000 residents. the applicants asserted that until the 1980s, the residents occupied the lands as licensees. They were given temporary occupation licenses. In or around the late 1980s, it was said that most of the residents were successful in their applications for the lands to be alienated to them by the State Government. They have, at all material time, paid the premium, fees for the registration of title, survey and quit rent and have been issued with the titles to the land.

[6] In or about 2005, the respondent began upgrading its transmission line in the central area of the Peninsular Malaysia, as part of its long term plan to enhance the electricity supply system under the Central Area Reinforcement Project ("the CAR Project"). It is meant to prevent the recurrence of the massive electricity supply disruption of 13 January 2005, which had caused huge damages and losses to the country.

[7] The CAR Proje