Yesterday’s landmark decision by the Federal Court to dismiss an appeal by the Kuala Lumpur City Hall (DBKL) and three others over a controversial project utilising parts of Taman Rimba Kiara has set the precedent for future court cases involving the local governments.
This ruling sets a new direction for the future conduct by local authorities, whether State Governments or local councils that they cannot bulldoze their ways to implement a land development project that could eventually affect the local residents and other stakeholders.
Henceforth, residents can jointly file a case in the court of law against the local governments and challenge the development orders that involve planning and environmental law.
Furthermore, local governments are, therefore, required to go through the due process of seeking the views of members of the public who have a genuine interest in their neighbourhood so that they can participate in the decision-making process before any land development orders can be granted.
One might question the amount of legal expenses that DBKL will have to bear, and ultimately the Kuala Lumpur ratepayers, as a result of DBKL’s decision to oppose the desires of Taman Tun Dr Ismail residents and pursue the case to the highest court only to lose.