The Federal Courtroom has dismissed an enchantment by 49 residence homeowners on the One Tanjong condominium looking for to overturn the rezoning of an adjoining parcel of land in Tanjung Bungah, Penang. The courtroom denied them go away to enchantment, ruling that not one of the 10 authorized questions raised met the edge beneath Part 96 of the Courts of Judicature Act 1964.
A 3-member panel led by Justice Zabariah Yusof discovered that the questions didn’t contain novel constitutional or authorized problems with public significance. Justices Ahmad Terrirudin Salleh and Lee Swee Seng additionally sat on the panel.
Consequently, the courtroom ordered the candidates to pay RM30,000 in prices every to the Penang State Planning Committee and its director of city and nation planning, in addition to one other RM30,000 to developer Lone Pine Residence Sdn Bhd.
The dispute arose after Lone Pine, which acquired the land in 2015, efficiently utilized in 2021 to rezone it from its unique designation as a marina centre to a “common enterprise zone,” enabling plans for serviced flats and a wellness centre. The approval got here with the situation that the land be used solely for retirement and well being suites.
The condominium homeowners challenged the rezoning in courtroom, arguing that the authorities acted with out public session and failed to organize an area plan as required beneath the City and Nation Planning Act 1976 (TCPA). They claimed this disadvantaged them of the authorized proper to take part in shaping their neighbourhood.
Nevertheless, the Excessive Courtroom in 2023 dismissed the judicial assessment, discovering no procedural errors within the rezoning course of and no authorized provision beneath the TCPA requiring public involvement. The Courtroom of Enchantment upheld the choice earlier this yr.
Attorneys for the state authorities and developer argued that the method was lawful and inside the state’s discretion. The candidates, represented by counsel Azhar Azizan Harun, had sought clarification from the Federal Courtroom on whether or not the TCPA permits for public enter in rezoning choices.
With this closing ruling, the rezoning stands, permitting the event to proceed as deliberate.
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