The long road to Justice which began in 2005, met with many ups and downs, ended today with victory for the plaintiffs.
In the federal court sitting today in kk, the five judges held that the high court and the court of appeal were correct in their decision which ordered the developer to dismentle the illegal strugtures in the open spaces.
The upholding of the decision of the high court means that not only must the developer remove the illegal structures but there is a clear vindication of the rulling below that the joint venture agreement were also bad in the first place and that any developement persuant to the JV is also unlawful.
The judgment of Mdm Yew Jen Kie delivered on the 9 December 2009 ordered the developers to "dismentle, remove and clear the existing uncompleted sturecture on the area of the land comprising block D within 6 months from the date of this order."
This being the case, there is no doubt the developers have been defying that order ever since 9 Dec 2009. Since the date of the order, there has not been any effort or attempt by the developers or the authority concern (MPT) to secure compliance to that order. In other words, the order has so far been disregarded with impunity.
The people of Tawau and the public in general should be elated by today's decision. Throughout the 8 years of litigation the plaintiffs have endured much stress, disapapointments and hardship of every kind ranging from travelling to KL and giving up a lot of time to instruct counsel in the case which involved volumous documents as well as breaking new ground in the law.
Of significance, the decision today confirms that the public are able to challenge wrongful acts committed by local councils as a reminder, all proper law and procedures should be followed before councils enter into any agreement. Simailarly, development plans should not be approved without compliace to the planning act. Local councils in particular should not act outside what is provided for under the local government act.
沒有留言:
張貼留言