The unanimous decision was made by a three-member apex court bench led by Datuk Zabariah Mohd Yusoff, who also ordered MBPJ to pay RM100,000 costs to the RA identified as Lim Keng Jit who represented the Parkville RA in Sunway Damansara.
The Parkville RA filed the judicial review through its chairman, seeking a declaration that the RA is entitled to impose a rule that non-paying owners and residents or non-members of the association in the residential area would operate the boom gates themselves without the assistance of the security guards.
The Federal Court decisively held that Section 16M of the HDA refers to “a claim”, and not to “all the claims” in respect of the monetary limit, and therefore, each split claim before the Tribunal should be assessed separately and distinctly from each other.
The bench also ordered both of them to pay RM70,000 costs to the Taman Bangsar RA.
The upcoming Federal Court decision will once and for all decide whether the land should be developed or not.
Judge Datuk Nallini Pathmanathan, who wrote the unanimous decision, ruled Section 22(2A) said the development affecting hill tops or hill slopes are no longer merely an issue of local state governance.
“No law shall provide for the compulsory acquisition or use of property without adequate compensation.
The developer should not arbitrarily impose an exorbitant administrative fee and benefit itself for its own neglect in applying for the strata title.
PUTRAJAYA (Oct 29): The Federal Court on Friday (Oct 29) fixed Feb 16 next year to hear the appeals of former premier Datuk Seri Najib Razak (pictured) and his son Datuk Nazifuddin Najib over the summary judgement entered against them over unpaid taxes of RM1.
PUTRAJAYA (Oct 21): Datuk Seri Najib Tun Razak (pictured) and his son Datuk Mohd Nazifuddin were granted an interim stay of execution pending their bid for leave to appeal at the Federal Court against the summary judgment obtained by the Inland Revenue Board (IRB) against them over unpaid income tax arrears at the High Court.
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