Judul : Jalan U-Thant residents fail in bid to challenge alignment decision
link : Jalan U-Thant residents fail in bid to challenge alignment decision
Jalan U-Thant residents fail in bid to challenge alignment decision
The Desa Pandan alignment is for the Setiawangsa-Pantai Expressway project.
High Court judge Azizah Nawawi dismissed the judicial review application filed by the owners and the residents and held that there was no merit in the application.
In her judgment, Azizah said the purpose of the SPE project, including the Desa Pandan alignment, was to serve the general interest of the community at large.
“The purpose of the alignment is to resolve traffic congestion by providing a better and more efficient traffic dispersal system and to enhance connectivity with other transportation systems towards the development of Kuala Lumpur,” she said, adding that the SPE project was clearly for public purpose and public interest.
The judge also said that the Environmental Impact Assessment (EIA) of the project had been approved on June 30, 2016 and the report had taken into account these considerations.
“Therefore, it cannot be said that the decision to approve the Desa Pandan alignment is illegal, irrational and/or unreasonable,” she said and ordered the applicants to pay costs of RM3,000 each to the respondents, namely the Works Minister, Malaysian Highway Authority (LLM), the government and Lebuhraya DUKE Fasa 3 Sdn Bhd.
Azizah also said the approval of the design and/or specification of the alignment was not in dispute and a new design was submitted to LLM on June 12, 2017.
“The new design is different from the old design which is the subject matter of the applicant’s application. The new design was finally approved by LLM on Nov 15, 2017. As the new design has been approved by LLM, thus the issue of non-compliance with the LLM regulation no longer arises,” she said.
On April 3 and 4 this year, Enisah Baharuddin, Joy Devi Kunanayagam, N Kunanayagam, IM Holdings Sdn Bhd, LA & I Sdn Bhd, Dharma Sdn Bhd, Gulam Rasool Khan TM Abdul Hameed, Md Isahak Md Yusuf, Rinata Sdn Bhd and Law Shu Kee filed the application naming the Works Minister, LLM, the government and Lebuhraya Duke Fasa 3 Sdn Bhd as respondents.
The residents were seeking a certiorari order to challenge the decision by the Minister, LLM, DBKL and the Government in approving the design and/or specifications for the Desa Pandan alignment of the SPE project.
They were seeking a declaration that the approval failed to consider and/or take into account the impact on the health of the residents and social impact of the Desa Pandan alignment and also failed to consider the adverse impact on the value of the properties owned by the applicants.
The applicants were also seeking a declaration that the approval was unlawful, irrational and/or unreasonable as it was not in compliance with LLM regulations and guidelines.
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