By Irdiani Mohd Salleh
Judge Datuk Aziah Ali made the decision after meeting the parties
In 2008, 108 residents filed the application for judicial review to quash the development order by the
The mayor, in an order dated Oct 2, 2007, issued to Gasing Meridian Sdn Bhd (GMSB), allowed the developer to carry out earth works and sub-divisions in the area.
GMSB is planning to build 70 bungalows on the
15.52ha which it claimed was a privately-owned land and had never been part of
a green lung or a natural forest.
In their application, the residents claimed that the mayor had failed to take into account that they had a right to be given due notice.
The residents added that they must be given a chance to voice their opinions in the decision-making process of planning.
One of the residents, Mohd Kamal Mohamad, said they were disappointed with the court's decision.
"It is our fundamental right to be heard. We want a public hearing. That's all we ask."
Their counsel, R. Sivarasa, said his clients would discuss whether to appeal against the decision.
Counsel Romesh Abraham, who represented the mayor, said the judge ruled that the project could proceed because of the applicability of the
Counsel for the developer, Joslyne Goonting, said with the decision, the stay order to the developer to stop work on the land was lifted.
"My client is now free to proceed with the development on the land."
The High Court had granted the interim order to stop work on April 2, 2008.