Jalan U-Thant proprietors win bid to challenge SPE construction

KUALA LUMPUR: Ten Jalan UThant residents and property owners obtained leave to proceed with their judicial review to quash the decision by the Works Minister and four other parties which approved the Desa Pandan Alignment of the Setiawangsa-Pantai Expressway (SPE) project.

Judge Datin Azizah Nawawi, in granting leave, said there was merit in the application.

She made the decision in chambers yesterday.

The 10 who filed the judicial review application separately on April 3 and 4 had named the Minister, the Malaysian Highway Authority (LLM), the government, Dewan Bandaraya Kuala Lumpur and Duta-Ulu Kelang Expressway Phase 3 Sdn Bhd as respondents in their legal action.

Lawyer Aliff Benjamin Suhaimi, who represented five of the residents, said the court allowed an interim stay to stop the construction until June 15, the same day as the case management of the judicial review application.

The 10 are seeking a declaration that the approval of the Desa Pandan Alignment for SPE failed to consider the impact of the project on the health and privacy of the residents of Jalan U-Thant and Ampang, and he social impact of the Desa Pandan Alignment.

They are seeking a declaration that the approval of the project failed to consider or take into account the adverse impact on the value of the properties owned by them along Jalan U-Thant.

Among other things, they are seeking a declaration that the approval of the Desa Pandan Alignment for SPE was unlawful and unreasonable as it was not in compliance with the LLM regulations and guidelines.

The first group, represented by Aliff, who filed the judicial review were Dharma Sdn Bhd, Gulam Rasool Khan T.M. Abdul Hameed, Datuk Seri Md Isahak Md Yusuf, Rinata Sdn Bhd and Law Shu Kee. The second group represented by lawyer Gavin Jayapan comprised Enisah Baharuddin, K.Joy Devi, Datuk Dr N. Kunanayagam, IM Holdings Sdn Bhd and LA & I Sdn Bhd.