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KL High Court dismisses bid to challenge gazetting of KL City Plan 2020
The Star
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10 months ago
The Kuala Lumpur High Court has dismissed a judicial review to challenge the gazetting of the Kuala Lumpur City Plan 2020 (KLCP 2020).
High Court Judge Amarjeet Singh delivered the ruling on Wednesday (March 12) without providing the grounds for judgment.
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00:00
The KL High Court has dismissed a judicial review to challenge the gazetting of the Kuala
00:07
Lumpur City Plan, KLCP 2020. High Court Judge Amarjeet Singh delivered the ruling on Wednesday
00:14
without providing the grounds for judgment. The applicants, comprising eight individuals,
00:20
filed a judicial review application in January 2019 to challenge the Federal Territories
00:26
Minister's gazettement of the KLCP 2020. They argued that the KLCP 2020, gazetted in October
00:34
2018, included 273 addendums that were not in the original draft from 2008. They claimed
00:42
that this version had not undergone public participation and consultation, rendering
00:47
its adoption unlawful. After the ruling, Lead Counsel Datuk Dr Gurdial Singh Nijjar said
00:54
they would consider appealing the case.
00:56
Our contention is that after the whole process, public participation was over, the plan was
01:03
ready for gazetting. They did not gazette it. They left it for a long time, many, several
01:09
years. And later when they wanted to gazette it, they made changes to the plan that had
01:16
gone through the whole public participation process. And we say that that is not legal.
01:23
You cannot make changes after the public participation process is over because public
01:30
participation is a very critical element in the development of any plan, structure plan
01:37
or local plan. So they made changes after that without going back to the public to ascertain
01:44
whether they agree with the changes in respect of the whole plan itself, local plan, you
01:51
know. And that's very critical because in the Taman Rimba Kera case, they said that
01:57
public participation is the most essential element when the government, when DBKL draws
02:03
up plans, including the initial structure plan as well as the local plan. So that was
02:10
our challenge, but the court has dismissed our case and they have not given any grounds.
02:18
So we have been instructed more or less tentatively at the moment to appeal.
02:24
The applicants have 30 days to file for an appeal.
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