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Ampang Park traders appealing against MRT inclusion in demolition case


KUALA LUMPUR: Thirty-nine Ampang Park traders are appealing the entry of Mass Rapid Transit Corporation Sdn Bhd (MRT Corp) in their legal bid to halt the demolition of the iconic mall. 

This was revealed by the traders' counsel Yee Jun Hong after the parties met for clarification in the chambers of High Court judge Datuk Hanipah Farikullah today. 

Yee said his clients filed their appeal at the Court of Appeal on April 28. Ten days earlier, the High Court had allowed MRT Corp to be added as co-respondent in the judicial review application. 

The other respondents in the matter are the Federal Territories Land and Mines Office director and the Federal Territories Land Administrator. 

Yee said his clients are against MRT Corp being made a party in the legal action because the company only has a commercial interest in the matter and has no legal interest in it. 

The company is linked to the MRT Project related to the mall's planned demolition to make way for an underground walkway connecting the new MRT station to the Ampang Park Light Rail Transit (LRT) station. 

Yee said that his clients' appeal is set for case management at the Court of Appeal on Aug 10. The judicial review application is set to be heard by the High Court on June 30.

Counsel Lai Wai Fong acted for MRT Corp. Federal counsel Nik Haizie Azlin Nabidin appeared for the Federal Territories Land and Mines Office director and the Federal Territories Land Administrator.

On Jan 8, the 39 business owners, including dentist Dr Dzul Khaini Husain, filed the legal bid to overturn the approval for the mall's demolition.





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On Jan 20, the traders obtained High Court leave to proceed with their judicial review application. 

The court had also ordered a temporary halt to demolition works at the mall to maintain status quo pending disposal of the legal action. 

The applicants are seeking a court order to set aside the decision of the Federal Territories Land and Mines Office director and Federal Territories Land Administrator, which allowed the acquisition of their property.

They claimed the decision was invalid, illegal and violated the Federal Constitution. They also seek a court order to stop land acquisition proceedings linked to Ampang Park.

Posted on: 15th June 2016

Source: NST