Bid to stop Tanjung Aru Eco Devt Master Plan

KOTA KINABALU: The High Court here will hear on June 20 this year then application for leave for a judicial review filed by six men seeking to stop the Tanjung Aru Eco Development Master Plan.

The applicants -- Ferdinand Quimsom, Alfred Raphael, Steven Chong, Homer D Lubaton, Arthur Arwin Tolentino, Samuel J Lai and Marcel Jude A/L M S Joseph -- filed their application through Messrs Nurul Rafeeqa Marcel Advocates.

They named the Mayor of Kota Kinabalu City, the State Government of Sabah and the Director of Lands and Surveys Department as first, second and third respondents respectively.

In their ex-parte application, they sought an order of certiorari against the respondents to set aside the Tanjung Aru Eco Development Master Plan on the grounds that it is ultra vires and unlawful under Section 9A and Schedule II of the Land Ordinance Cap 30.

They are also seeking an order of prohibition against the respondents whether by themselves or by their servants or agents to proceed with the development of the Tanjung Aru Eco Development Master Plan as it ultra vires and unlawful under Section 9A and Schedule II of the Land Ordinance Cap 30.

Apart from that they further sought for an order of mandamus on the second and third respondents to compel the first respondent and their agents or servants to stop, discontinue and or abandon the implementation of the Tanjung Aru Eco Development Master Plan whether by itself or its servants or agents and to restore the Tanjung Aru Beach to its original state and condition before the implementation of the Tanjung Aru Eco Development Master plan or any part thereof.

The applicants are also seeking for a declaration that the Tanjung Aru Eco Development Master Plan is ultra vires and unlawful pursuant to Section 9A and Schedule II of the Land Ordinance Cap 30 and in consequence thereof null and void.