SHAH ALAM: The High Court here on Dec 21, 2009 has ordered Sri Aman Development Sdn Bhd, the developer of Paramount View Condominium in Petaling Jaya to continue building the temporary access road in Jalan SS1/25 to the condominium until the permanent access road in Jalan 22/44D is completed.
The decision was made in chambers by Judicial Commissioner Datuk Hinshawati Shariff after an agreement was reached by the company and the Petaling Jaya City Council (MBPJ) following an oral amendment to the original suit by the developer.
Counsel Joy Appukuttan, for Sri Aman Development, made an oral amendment to the application to retain the original 2005 plan approved by MBPJ which was for the developer to use Jalan 22/44D as an entrance and exit road, and Jalan 21/27 as an exit road.
The court allowed the amendment and made the order after counsel R. Sivarasa, who represented MBPJ, did not object. Hinshawati also ordered that the stop-work order by MBPJ on the temporary access road be lifted and that both parties bear their own costs.
The dispute between MBPJ and the developer began early this year when developer applied to MBPJ for an alternative access road to the 233-unit condominium, namely Jalan SS1/26, with the use of Jalan SS1/25 as a temporary road to build the main access to the condominium.
However, the proposed access road to Jalan SS1/26 was to run next to Tenaga Nasional Berhad's (TNB) high tension cables and TNB filed for an injunction to stop the developer from building the road through its reserve land.
MBPJ then issued a stop-work order as the temporary access road, SS1/25, was being turned into a permanent access which was supposed to be SS1/26.
On June 26, Sri Aman Development filed a suit against MBPJ claiming that the council had given approval for the access road, Jalan SS1/25, to be built but had later revoked it and issued a stop-work order. This caused a delay in the issuance of the certificate of fitness (CF) for the condominium which was fully completed in May.-Bernama
The decision was made in chambers by Judicial Commissioner Datuk Hinshawati Shariff after an agreement was reached by the company and the Petaling Jaya City Council (MBPJ) following an oral amendment to the original suit by the developer.
Counsel Joy Appukuttan, for Sri Aman Development, made an oral amendment to the application to retain the original 2005 plan approved by MBPJ which was for the developer to use Jalan 22/44D as an entrance and exit road, and Jalan 21/27 as an exit road.
The court allowed the amendment and made the order after counsel R. Sivarasa, who represented MBPJ, did not object. Hinshawati also ordered that the stop-work order by MBPJ on the temporary access road be lifted and that both parties bear their own costs.
The dispute between MBPJ and the developer began early this year when developer applied to MBPJ for an alternative access road to the 233-unit condominium, namely Jalan SS1/26, with the use of Jalan SS1/25 as a temporary road to build the main access to the condominium.
However, the proposed access road to Jalan SS1/26 was to run next to Tenaga Nasional Berhad's (TNB) high tension cables and TNB filed for an injunction to stop the developer from building the road through its reserve land.
MBPJ then issued a stop-work order as the temporary access road, SS1/25, was being turned into a permanent access which was supposed to be SS1/26.
On June 26, Sri Aman Development filed a suit against MBPJ claiming that the council had given approval for the access road, Jalan SS1/25, to be built but had later revoked it and issued a stop-work order. This caused a delay in the issuance of the certificate of fitness (CF) for the condominium which was fully completed in May.-Bernama
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