RIDUWAN BIN RAHMAT v 1. ) MAJLIS BANDARAYA PETALING JAYA 2. ) PERSATUAN PENGANUT SRI MAHA MARIAMMAN
9 cases cited
(0 SG, 9 foreign)
Catchwords
Substantive application for judicial to challenge against the First Respondent's decision granting the 2nd Respondent a condition development order. The Applicant alleged - (i) the decision was illegal as it contravenes Town and Country Planning Act 1976 (Act 172) and Town and Country Planning (Control of Planning) (General) (Selangor) Rules 2001 (Rules); (ii) the 2nd Respondent was not registered with the RoS and therefore the First Respondent was wrong to allow their application to develop the Land; (iii) the decision was unreasonable as the First Respondent failed to take into consideration relevant considerations including the Applicant’s objections; and (iv) there was procedural impropriety in the decision as the First Respondent failed to adhere to the provisions of Act 172 and the Rules. On the issue of the locus standi - this Court finds that the Society is not the 2nd Respondent and therefore cannot address this Court in the proceedings On the issue of the conditional development order - the First Respondent has demonstrated that its decision making process was structured, objective, and within the statutory and regulatory framework and prevailing planning criteria in the State. The First Respondent was well within its statutory powers to grant the Conditional Approval, notwithstanding the Applicant's objections. Application was dismissed.
Judges (1)
Statutes Cited
Cases Cited (9)
UK (3)
[1984] 3 All ER 935 [1985] AC 374 [1995] All ER 636
MY (6)
[1994] 3 MLJ 640 [1999] 3 AMR 3529 [1999] 3 CLJ 65 [1999] 3 MLJ 1 [2019] 3 MLJ 443 [2020] MLJU 1589
Judgment
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