PERBADANAN PENGURUSAN TRELLISES & ORS v. DATUK BANDAR KUALA LUMPUR & ORS
COURT OF APPEAL, PUTRAJAYA
MARY LIM JCA
HAS ZANAH MEHAT JCA
S NANTHA BALAN JCA
[CIVIL APPEAL NO: W-01(A)-712-12-2018]
27 JANUARY 2021
[2021] CLJ JT (2)

CIVIL PROCEDURE: Judicial review – Certiorari – Locus standi – Application for judicial review against decision of local authority/Datuk Bandar – Datuk Bandar issued development order affecting public park – Datuk Bandar issued notice of development plan and invited comments/objections – Management corporations, joint management body and residents ('objectors') objected against proposed development – Objections voiced out in hearing – Whether objectors had legitimate expectation that subject land would remain as public open space, recreational, sports and green area and city park – Whether objectors had requisite locus standi to commence judicial review proceedings to challenge decision of Datuk Bandar – Whether objectors adversely affected by development order issued – Rules of Court 2012, O. 53

ADMINISTRATIVE LAW: Judicial review – Certiorari – Locus standi – Decision of local authority – Application for judicial review against decision of Mayor/Datuk Bandar – Datuk Bandar issued development order affecting public park – Datuk Bandar issued notice of development plan and invited comments/objections on proposed development – Management corporations, joint management body and residents ('objectors') objected against proposed development – Objections voiced out in hearing – Whether objectors had legitimate expectation that subject land would remain as public open space, recreational, sports and green area and city park – Whether objectors had locus standi to attend hearing – Whether objectors had locus standi to commence judicial review proceedings to challenge decision of Datuk Bandar – Whether objectors adversely affected by development order issued – Whether procedures for approval or rejection of planning permission complied with – Whether Datuk Bandar's decision tainted with illegality, irrationality and procedural impropriety – Planning (Development) Rules 1970, rr. 5(3) & 5(8)

ADMINISTRATIVE LAW: Judicial review – Certiorari – Decision of local authority – Judicial review against decision of Mayor/Datuk Bandar – Datuk Bandar issued development order affecting public park – Datuk Bandar issued notice of development plan and invited comments/objections on proposed development – Management corporations, joint management body and residents ('objectors') objected against proposed development – Objections voiced out in hearing – Datuk Bandar later issued development order for proposed development without communicating decision to certain objectors and without proffering reasons – Whether Datuk Bandar had duty to inform objectors of decision and proffer reasons – Whether procedures for approval or rejection of application for planning permission complied with – Whether Kuala Lumpur Structure Plan 2020 and draft of Kuala Lumpur Local Plan 2020 valid and binding – Whether Datuk Bandar took plans into consideration before arriving at decision to issue development order – Whether there was conflict of interest between Datuk Bandar and applicants for development – Whether Datuk Bandar's decision tainted with illegality, irrationality and procedural impropriety – Whether Datuk Bandar's decision ought to be quashed – Federal Territory (Planning) Act 1982, ss. 16, 22(1) & 22(4)