Jeffrey Tan JCA:

MINORITY JUDGMENT

[1]This is an appeal against the refusal of the court below to grant an order of certiorari to quash the development order dated 2 October 2007 for the development of the second respondent’s land (Lots 37180, 37184–37198, 37203–37219, 37223–37237, 37239–37255, 37357–37262, hereinafter collectively referred to as the said land) at Bukit Gasing, Kuala Lumpur.

[2]In the court below, the appellants contended that the development order, which was issued by the first respondent without a public hearing, was void. The appellants contended (i) that there was non-compliance of ss 21, 21A and 22 of the Town and Country Planning Act 1976 (Act 172), (ii) that the amendments to the Planning (Development) Rules 1970, the Planning (Development) Rules 1994, were ultra vires the Federal Territory (Planning) Act 1982 (Act 267), (iii) that the Planning (Development) Rules 1970 provided for the appellants to be heard in connection with any application for planning permission on adjourning properties, and (iv) that in any event, the amendments to the Planning (Development) Rules 1970 have not taken away the right of the appellants to be heard.

[3]But all issue on the vali