Gopal Sri Ram JCA:

The Datuk Bandar of Kuala Lumpur has appealed to this Court to reverse an order of certiorari issued by the High Court quashing a building approval given by him. We heard oral argument in the appeal on 26 November 1996 after which we granted Counsel leave to supplement their submissions by putting in a written note. We then reserved judgment. Counsel having filed their written submissions, we are now in a position to pronounce our decision and provide reasons for it.

The matters relevant to the appeal arose in this way.

Jalan U Thant is quite a prestigious part of the city. It is mainly residential. Many foreign missions have their offices in the vicinity. The official residences of several Ambassadors and High Commissioners are also located along Jalan U Thant and the neigbouring road, Jalan Langgak Golf. All this is common knowledge.

The respondent is the registered proprietor of a piece of land along Jalan U Thant. There is a dwelling house on the respondent's land. It is a bungalow.

The respondent and his family reside there.

A company called Tradium Sdn. Bhd. ('Tradium') also owns property in the same area. It is located along Jalan Langgak Gol