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2023 MarsdenLR 1009

FEDERAL COURT PUTRAJAYA
DATUK BANDAR KUALA LUMPUR – Appellant
Versus
PERBADANAN PENGURUSAN TRELLISES & ORS AND OTHER APPEALS – Respondent


Petitioner Advocates:B Thangaraj,M Nalani ,Respondent Advocate: Gurdial Singh Nijar,Christopher Leong,Abraham Au,Alliff Benjamin Suhaimi,Phoebe Loi Yean Wei,Joyce Pang

JUDGMENT

Nallini Pathmanathan FCJ:

I. Introduction

[1] Four appeals are brought before this Court, all relating to the grant of planning permission by the Datuk Bandar of Kuala Lumpur, as the relevant local authority, in respect of a proposed development which comprises a part of, and is located within, a public park known as Taman Rimba Kiara.

[2] In dispute are the merits of a judicial review application, where neighbouring properties and persons ('the respondents') sought to quash the grant of permission for the proposed development by the local authority, primarily on the basis that it did not conform to or comply with the statutory provisions of the Federal Territory (Planning) Act 1982 ('FT Act').

[3] Although the respondents sought relief solely against the local authority, three other parties who could, potentially, be affected by any decision of the Court in this regard, applied to intervene in the proceedings. They were successfully joined as parties in the initial application for judicial review before the High Court.

[4] They comprise:

(i)The landowner of HSD 119599 PT 9244, Mukim Kuala Lumpur, Tempat Bukit Kiara, Daerah Kuala Lumpur ('the subject land') on which the proposed

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