Low Hop Bing KMN JC:

Application

The intervener vide Encl. 30 applies to set aside the leave and extension of time granted ex parte to the applicant on 8 September 1993, pursuant to O.53 r.1(A) of the Rules of High Court 1980. At the time of intervention, the intervener vide Encl. 20 gave notice to the Court and obtained an order enabling it to "make any application as may be necessary" in the proceedings.

The applicant vide its main application in Encl. 21 purports to challenge a development order dated 22 October 1991 (Development Order) issued by the Datuk Bandar (respondent 1) in favour of the intervener to construct a 17 storey hotel called Fairmont Hotel on Lots 812-816, Section 67, Jalan Walter Grenier, Kuala Lumpur which are adjacent to Lot 817 belonging to the applicant. The development order was issued without according a right of hearing to the adjacent landowner e.g. applicant in accordance with the then prevalent practice at Dewan Bandaraya on planning matters.

About 10 months later, on 7 August 1992, the Supreme Court delivered its decision in Datin Azizah v. Datuk Bandar [1992] 2 MLJ 393 pronouncing for the first time that the Emergency Planning (Developmen