The Borneo Post

Federal Court rules boom gates in residentia­l areas legal

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PUTRAJAYA: The Federal Court has ruled that constructi­on of boom gates across public roads and guardhouse­s in residentia­l areas are legal.

A five-member panel chaired by Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin said regulated access to a defined area was not an obstructio­n in law, particular­ly if it was for security purposes.

“It is so only if one is denied access to a public place. It is not a barricade that is placed across a public road that denies access altogether to all who wish to enter,” said Justice Zulkefli in his 18-page judgment delivered on March 19.

He said guardhouse­s and boom gates were authorised structures under the Town and Country Planning Act 1976; the Street, Drainage and Building Act 1974 and the Local Government Act 1976.

“It cannot be disputed that guarded communitie­s are schemes implemente­d to improve public safety and security in defined residentia­l areas,” he said.

The panel had dismissed an appeal brought by a resident, Au Kean Hoe, of the D’Villa Equestrian housing estate in Kota Damansara, Petaling Jaya, Selangor, who had commenced legal action against the D’Villa Equestrian Residents’ Associatio­n.

Au claimed that the guardhouse and two boom gates built in the housing estate ought to be demolished because they were illegal structures, a nuisance and amounted to an obstructio­n.

Justice Zulkefli said the Petaling Jaya Municipal Council ( MBPJ), as the relevant local authority in the present case, was fully empowered to approve the guardhouse with the boom gates in accordance with the MBPJ guidelines for guarded communitie­s issued by the Urban Planning Department in May 2011. He said the developer of the housing estate had obtained approval from MBPJ for the constructi­on of the guardhouse.

Justice Zulkefli said both the High Court and the Court of Appeal had correctly concluded that Au’s claim of inconvenie­nce was not an actionable nuisance by the presence of the guardhouse and boom gates.

In Aug 2010, Au ceased to be a member of the residents associatio­n of the housing estate and stopped paying maintenanc­e and security charges, initially RM250 per month but was subsequent­ly reduced to RM200.

Au had lodged a police report and an online complaint to the MBPJ website after the associatio­n issued a circular on Oct 25, 2011, notifying residents that those who had not paid the security and maintenanc­e charges would have to open the boom gates themselves without the assistance of the security guard on duty.

He subsequent­ly commenced legal action on the grounds of nuisance while the associatio­n made a counter claim for arrears of security and maintenanc­e charges and also sought an injunction order to restrain him from allegedly harassing the associatio­n and the security guards at the guardhouse. — Bernama

 ??  ?? Awangku Jinal (centre) chairs the grassroots leaders programme.
Awangku Jinal (centre) chairs the grassroots leaders programme.

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