Sanctuary Ridge gets High Court nod to proceed

NST 13 September 2010



THE Sanctuary Ridge Kuala Lumpur City project on Bukit Gasing, has been given the green light to proceed with development.

This came after High Court Judge Datuk Aziah Ali rejected applications for a judicial review by 108 Bukit Gasing residents who challenged the development order issued by former KL mayor Datuk Abdul Hakim Borhan.

The residents' counsel R. Sivarasa said he will get their instruction on whether to appeal the ruling.

The project by Gasing Meridian Sdn Bhd comprises 70 bungalows on a 38.3- acre site.

It was halted for 30 months after commencement of the court proceedings in February 2008.

Based on the Federal Territory (Planning) Act 1982, Aziah ruled that the residents did not have the right to be heard in regards to the issue order dated Oct 27, 2007.

Gasing Meridian's counsel Joslyne Goonting said the site was private land and the company had the right to use it.

He said the public had mistaken it for public land and that it had been marked as a green lung area.

"In fact, Gasing Meridian is the registered proprietor of 71 individual sub-divided titles issued in 1977 and for which the categories of land used are for buildings," said Goonting.

Gasing Meridian had submitted plans for bungalow plots on the site in the 1970s, revised that to a condominium project in 1991, and reverted to bungalow plots in 1993, prompted by the collapse of the Highland Towers in Hulu Klang, Selangor.

Controversy began in May 2006 when residents in Bukit Gasing became sceptical after failing to get information on the Sanctuary Ridge project.

That led to public protest as the hill was said to be prone to soil erosion and also considered a green lung, hence it was believed to be unsuitable for development.

On April 24, 2009, the residents were granted leave to initiate a judicial review to challenge the development order which they filed in January 2008.

The Court of Appeal dismissed the KL mayor's and Gasing Meridian's appeal to set aside the High Court order on Nov 20, 2009 and March 19 this year.

By : Nicholas Leong

Source : NST Property

Date Published : 13 September 2010