High Court dismisses Ampang Park lot owners' judicial review application

KUALA LUMPUR: An application by Ampang Park Shopping Centre lot owners for a judicial review over the land acquisition for the construction of the Mass Rapid Transit (MRT) project was dismissed with RM35,000 cost by the High Court today.
Judge Datuk Hanipah Farikullah said the land acquisition is within the statutory framework and that a wrong party had been named in the judicial review application.
Hanipah said the land acquired by the government was a valid action.
She said there was no evidence of "bad faith" on the part of the respondent, the government, and that the parcels of the land acquired is for the efficiency of the construction and for safety reason.
"To my mind, it is within the statutory framework of the law," said Hanipah.
The acquisition of parcels in the land was held under Master Title Lot 153 under the Land Acquisition Act for the purpose of Klang Valley Mass Rapid Transit project, in respect of the Sungai Buloh-Serdang-Putrajaya line MRT Line 2.
She also said a wrong party has been named in the judicial review application as the decision maker is the government.
She said the government is the "right entity" but the applicant had withdrawn the government when the Attorney-General's Chambers objected.
The 39 registered strata title owners of the shopping centre named the Federal Territory Ministry, Director General of Land and Mines (Kuala Lumpur) and Land Administrator of Wilayah Persekutuan as the respondents.
On April 18, the High Court allowed Mass Rapid Transit Corporation Sdn Bhd to intervene as it has direct interest in the judicial review and it became the third respondent.
In the application, the lot owners sought for a declaration that the approval of authorities in relation to the land acquisition, for MRT project is illegal.
They sought for an order to quash any subsequent land acquisition proceedings.