BY LIZAWATI MADFA
SHAH ALAM, JUNE 2: The Federal Court has dismissed the judicial challenge filed by 39 strata owners and tenants of the Ampang Park Shopping Centre seeking permission to contest against the land acquisition for the Klang Valley Mass Rapid Transit (MRT) Ampang Park station.
A three-member panel led by Chief Justice Tan Sri Md Raus Sharif rejected their application to appeal against the decisions by the High Court and the Court of Appeal which had rejected their application for judicial review.
Based on a unanimous decision, Raus decided that the submission by counsel for appellants, Datuk Zainur Zakaria for the federal Court to decide upon do not meet the requirements of Section 96 of the Judicial Court Act 1964.
“In fact even if we allow the submission, it stands no chance of being accepted. We therefore reject the appeal,” he said as quoted by Bernama.
Raus ordered strata owners and tenants to pay costs of RM20,000 to the first respondent and the second respondent, the Federal Territory Land and Mines Directr and the Federal Territory Land Administrator and to pay another RM20,000 in costs to MRT Corporation.
Besides Raus, the other two Federal Court judges in the panel were Tan Sri Abu Samah Nordin and Datuk Aziah Ali.
On January 8, 2016, 39 Ampang Park business premise owners and tenants filed a lawsuit to revoke the approval to demolish the mall.
The demolition is said to make way for the construction of an underground walkway connecting the MRT station to the Ampang Park Light Rail Transit (LRT) station.
On June 30, 2016, the High Court rejected their application on the basis that the land acquisition was conducted in accordance with the law and in compliance with the 1960 Land Acquisition Act.
On 18 January, the shopping centre’s strata owners and tenants once again failed in their appeal in the Court of Appeal before filing for permission to appeal in the Federal Court.
Under the law, they are required to seek permission to file an appeal in the Federal Court.
Ampang Park MRT land acquisition: Appeal closed
BY LIZAWATI MADFA