When Communities Win: The Legal Battles of Taman Rimba Kiara and Taman Maluri
- Admin
- Jun 5
- 3 min read
In the heart of Kuala Lumpur, two communities stood up against powerful interests to protect their neighborhoods. The residents of Taman Tun Dr Ismail (TTDI) and Taman Maluri faced off against development projects that threatened public spaces and community integrity. Their victories in court not only preserved these spaces but also set significant legal precedents for urban development in Malaysia.
Taman Rimba Kiara: A Green Lung Saved
The Challenge
In 2016, a proposal emerged to develop eight blocks of high-rise condominiums and a 29-storey affordable housing unit on 12 acres of Taman Rimba Kiara, a public park in TTDI. The land was transferred to Yayasan Wilayah Persekutuan (YWP), which entered into a joint venture with developer Memang Perkasa Sdn Bhd. The Kuala Lumpur City Hall (DBKL) approved the development order in 2017, despite the land being designated as public open space under the Kuala Lumpur Structure Plan 2020.
The Community Response
TTDI residents, supported by the Save Taman Rimba Kiara Working Group and local MP Hannah Yeoh, filed a judicial review in August 2017 to quash the development order. They argued that the approval violated planning laws and lacked transparency.
The Legal Journey
2018: The High Court dismissed the residents' application.
2021: The Court of Appeal overturned the High Court's decision, quashing the development order.
2023: The Federal Court upheld the Court of Appeal's ruling, citing conflict of interest and non-compliance with the structure plan.
The residents of Taman Rimba Kiara were represented by a dedicated legal team led by Datuk Dr. Gurdial Singh Nijar, a seasoned public interest lawyer who took on the case pro bono. He was supported by Alliff Benjamin Suhaimi and Abraham Au from Messrs G.S. Nijar, among others.
The Outcome
The Federal Court's decision reaffirmed the legal status of the Kuala Lumpur Structure Plan 2020 and emphasized the importance of adhering to designated land use. It also highlighted the necessity for public authorities to avoid conflicts of interest in development approvals.
Taman Maluri: Upholding Public Infrastructure
The Challenge
In 2018, DBKL approved a development order for a 45-storey serviced apartment complex, Platinum Mira Residences, on Lot 810 in Taman Maluri. This land was originally designated for a 66-foot-wide public road under the Kuala Lumpur City Plan 2020. DBKL's decisions fluctuated, eventually allowing the development with a narrower 20-foot road.
The Community Response
Residents filed for judicial review, arguing that the development contradicted the city's planning framework and would exacerbate traffic congestion.
The Legal Journey
2022: The Court of Appeal quashed DBKL's development approval, criticizing the council for inconsistent decision-making.
2023: The Federal Court dismissed appeals by DBKL and the developer, ordering the land to be acquired for the originally planned public road.
The Outcome
The ruling reinforced the binding nature of city plans and the necessity for authorities to provide clear justifications when deviating from them. It also underscored the judiciary's role in upholding urban planning integrity.
Lessons Learned
Community Engagement: Both cases demonstrate the power of organized community action in influencing urban development decisions.
Legal Precedents: The rulings established that city plans are legally binding documents, not mere guidelines.
Transparency and Accountability: Authorities must provide clear, lawful justifications for development approvals, especially when they deviate from established plans.
These victories serve as a reminder that vigilant communities, supported by legal frameworks, can effectively challenge and influence urban development to preserve public interests.
RM6mil payout for encroachment in Taman Desa
In a significant development for Taman Desa residents, 14 homeowners along Jalan Bukit Desa have been awarded a total of RM6 million in compensation by Kuala Lumpur City Hall (DBKL) for land encroachment. The dispute arose when portions of their private land were used to construct a public road without proper acquisition. After years of advocacy and legal proceedings, the affected homeowners received compensation ranging from RM350,000 to RM950,000, based on land size and market value. This outcome underscores the importance of community action in safeguarding property rights and ensuring accountability from local authorities.
Now, Taman Desa has the opportunity to follow suit. By uniting and taking decisive action, residents can strive to protect their community from overdevelopment and ensure that future growth aligns with the area's needs and values.
Join us in this endeavor. Together, we can work towards safeguarding Taman Desa's heritage and quality of life for current and future generations.
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