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Thursday, 19 January 2017

(The Star) Court rejects Ampang Park group’s challenge on MRT land acquisition

PUTRAJAYA: Some 39 strata ow­­ners and tenants of the Ampang Park Shopping Centre failed yet again to derail the land acquisition plan to make way for the Klang Valley Mass Rapid Transit (MRT) Ampang Park station.
The Court of Appeal dismissed their bid yesterday for an order to challenge the acquisition plan.
In upholding the High Court decision last year to dismiss the group’s application for the judicial review order, the three-man panel led by Justice Abang Iskandar Hashim said the application had no merits.
“Having considered the submission by the counsel, we are of the view that there are no merits in this contention by the appellants.
“It stands to reason that although the MRT line would run underground substantially, total work would still have to commence and proceed from above ground,” he said, adding that the panel also found no bad faith on the part of the decision-maker to compulsorily acquire the land.
The panel also agreed with the submission by MRT Corp, which was named the third respondent, that the objective of the land acquisition was to ensure safety.
The Federal Territories Land and Mines director and the Federal Territories Land Administration were the two other respondents.
The fundamental constitutional right to property as enshrined under (the law) had also not been infringed by the respondents, Justice Abang Iskandar said.
The court then ordered the strata owners and tenants to pay costs.
The appellants’ lawyer Datuk Zainur Zakaria told reporters later that they would discuss their next course of action after they get details of the judgment.

Senior federal counsel Shamsul Bol­­­­hassan represented the Federal Territories Land and Mines director and the Federal Territories Land Ad­­ministration while MRT Corp was represented by counsel Robert Lazar.