Court temporarily suspends demolition of Ampang Park centre

ampang_park_law_600

KUALA LUMPUR: The High Court here today allowed an application by 39 strata-title holders of the Ampang Park Shopping Centre to temporarily suspend its demolition for the construction of the Ampang Park Mass Rapid Transit (MRT) Station.

Judge Hanipah Farikullah made the decision in her chambers and ordered that the land administrator could not issue Form K, the form for land acquisition, until Sept 28, 2016.

Lawyer Jason Ng Kau, representing the 39 strata owners of the shopping centre, said the decision meant that Mass Rapid Transit Corporation Sdn Bhd (MRT Corp) and the administrator of the land could not take possession of the shopping centre and knock it down until an inter-parte hearing for the stay of execution of the land acquisition by both sides on Sept 28.

He was speaking to reporters after the court proceeding on the matter today, which was also attended by senior federal counsel Shamsul Bolhassan, representing the Federal Territory Land and Mines director and the Federal Territory Land Administrator.

The 39 are seeking suspension pending their appeal in the Court of Appeal against the High Court’s decision on June 30 that rejected their judicial review application challenging the acquisition of land for the construction of the Ampang Park MRT Station.

The High Court ruled that the land acquisition was made in accordance with the provisions of the law.

On Jan 8 this year, the 39 traders filed a judicial review application, naming the Federal Territories Ministry, Malaysian Government, director of Land and Mines and the Land Administrator of the Federal Territory of Kuala Lumpur as respondents.

However, on Jan 20, the group dropped the Ministry of Federal Territories and the Malaysian Government as respondents in the judicial review application.

They had sought a declaration that the Form D, dated Aug 17, 2015, and Form E, dated Oct 22, 2015, under the Land Acquisition Act 1960 issued by the respondents were unconstitutional, illegal, null and void.

On April 18, the High Court allowed MRT’s application to be an intervener in the application and named as a respondent.