Developer seeks damages from Bukit Gasing residents
KUALA LUMPUR: Developer Gasing Meridian Sdn Bhd is applying for damages from 108 Bukit Gasing residents who lost in a civil suit over a hillslope development project.
Gasing Meridian is the developer of Sanctuary Ridge Kuala Lumpur City, a project to build 70 bungalows on a 15.4ha site in Bukit Gasing.
High Court (Appellate and Special Powers) judge Justice Aziah Ali set June 24 to re-mention the application for damages after meeting the parties in chambers yesterday.
Lawyer R. Sivarasa acted for the residents while counsel Joslyne Goonting represented Gasing Meridian.
Speaking to reporters later, Sivarasa said the application for damages was pending the disposal of the appeal by the residents at the Court of Appeal against the dismissal of their judicial review.
Sivarasa said Gasing Meridian was claiming for damages because the developer contends that it could not start the project.
“We are saying that there is no basis in law for such damages in a judicial review application.
“This is not like an injunction to set aside where the court can order for damages,” he added.
Justice Aziah had on Sept 6 last year dismissed a judicial review by 108 Bukit Gasing residents to quash the development order.
The order was issued by the then Kuala Lumpur mayor Ruslin Hassan in relation to a hillslope development project in the area.
The 108 residents had named the mayor and Gasing Meridian as respondents in their suit.
Justice Aziah ruled that the residents did not have the right to be heard over development issues under the Federal Territory Planning Act 1982.
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