Bukit Bintang landowners criticism opposite a merger of their properties, in Kuala Lumpur Sep 17, 2011. File pic
KUALA LUMPUR, Sept twenty-three Three Imbi landowners challenging a merger of their properties for a Klang Valley Mass Rapid Transit (KVMRT) have been postulated an interim stay until a High Court here decides upon a matter subsequent month. Dr Arthur Rajaratnam, Thong Lai Ying as well as Yong Cho Joong had done dual apart applications for legal examination upon Sep 6 as well as have been looking to acknowledgement a gazette of their 5 lots wrong as they had not been served current land merger papers.
This is a second plea to be mounted opposite land merger for a multi-billion ringgit KVMRT Malaysia's costliest infrastructure project to date as Bukit Bintang landowners won leave to find legal examination a week ago.
Arthur, 84, who has lived upon Lot 527 upon Jalan Kamuning here for 6 decades, is looking a declaration that a gazette of his lands was null as well as void as no proper Form A, D, E as well as F were served to him, as required by a Land Acquisition Act 1960.
The former National University of Singapore production professor further argued that appropriation Lot 527 but receiving a adjoining lot he additionally owns that is accessible usually around a former would deprive him of property but satisfactory compensation, in crack of Article 13 of a Constitution.
Thong as well as Yong, who own 3 lots upon Jalan Inai, pronounced in their duplicate that they had not been served a current Form A, digest all steps taken thereafter to take their lands wrongful.
They additionally contended that it was "wholly unreasonable" for a government to gazette 92.7 per cent of a total area of one of their lots, leaving the! m with u sually 72.74-sq m.
All 3 landowners combined that there was no plausible reason to take a lots given that a National Land Code (NLC) allows for subsurface alienation, as well as that conflicting statements in a media supported a evidence that a merger practice was an unconstitutional "land grab".
They additionally claimed they were misled by member from former KVMRT project owners Syarikat Prasarana Negara Bhd (SPNB), who had assured them their lots would not be acquired.
Arthur was represented by R. Raja Seelan whilst David Mathews submitted for Thong as well as Yong.
Judge Abang Iskandar Abang Hashim set October 7 for his decision after a three-hour sealed hearing today.
Last Friday, a High Court here allowed 5 Bukit Bintang landowners to plea a merger of 9 lots in a capital's premier shopping district for a KVMRT after determining a duplicate was not frivolous.
Two purebred landowners as well as 3 companies had filed for legal examination to acknowledgement a merger of a lots bootleg as well as unconstitutional.
The 5 have been looking a declaration that a gazette of lands for a KVMRT was wrong as a lots authorized were some-more than was needed for a project.
The 9 lots, totalling some-more than 7,806-sq m, were purchased by a field for some-more than RM50 million progressively since a late 1990s.
The judge additionally postulated a stay of merger record relating to a lots in subject until disposal of a concrete duplicate for legal review, that contingency be filed by subsequent Friday.
But a applicants' lawyer, Su Tiang Joo, pronounced his clients would not order out a probability of an out-of-court settlement, adding that they would be "more than happy" to discuss with authorities how best to resolve a matter.
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