Ministry will appeal court's rejection of its extension grant

PETALING JAYA: The Ministry of Urban Wellbeing, Housing and Local Government will make an appeal against the Apellate Court's ruling that the extension of time (EOT) issued by the Controller of Housing is irregular.

"The Ministry is looking into it and will make an appeal. Rehda (Real Estate and Housing Developers' Association Malaysia) will also be following it closely," Rehda president Datuk Seri FD Iskandar told reporters at a briefing today.

He threw support behind the Ministry, saying that the Controller has the right to issue EOT to property developers under the Housing Development (Control & Licensing) Act. He said this is Rehda's stand after the association and its lawyers had scrutinised the Act.

"It is at the sole discretion of the Controller to give out the EOT. He has the authority...it is very difficult to get the EOT. They go through the applications meticulously," he added.

Earlier in February, the Appellate Court granted 104 house buyers an Order of Certiorari, quashing the Urban Wellbeing, Housing and Local Government Minister's decision to amend the time period for vacant possession of Sri Istana condominium in Kuala Lumpur.

The Appellate Court also ruled that Regulation 11(3) is "ultra vires" the Act, which means that the EOT granted by the Controller to developers is irregular.

The housing developer BHL Construction Sdn Bhd was ordered to pay the liquidated ascertained damages to the buyers.