By Save Taman Rimba Kiara Working Group, Bukit Kiara Longhouse Residents’ Association and Taman Tun Dr Ismail Residents’ Association
This morning the Federal Court delivered its decision on the Taman Rimba Kiara matter over an online Zoom session.
The Federal Court panel, comprising Chief Judge of Malaya Mohamad Zabidin Mohd Diah, Justice Nallini Pathmanathan and Justice Rhodzariah Bujang, unanimously decided that the development order obtained in 2017 by the joint venture of Yayasan Wilayah Persekutuan and Developer Memang Perkasa Sdn Bhd for the Taman Rimba Kiara project is null and void.
In doing so, the Federal Court panel reaffirmed the earlier decision of the Court of Appeal in Jan 2021 to nullify the development order.
With this decision, the Federal Court has confirmed with finality that the 2017 Taman Rimba Kiara development order is quashed and cancelled.
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This decision is a landmark victory for our community and neighbouring communities who have been relentless and unwavering in their fight and commitment to preserve Taman Rimba Kiara. Many of you may recall our first protest in 2016 and the many subsequent protests held throughout the years since.
This long and difficult struggle has been possible because of our collective unity, perseverance and commitment to protect Taman Tun Dr Ismail’s green spaces against the might of unsustainable commercial interests, coupled with the staunch support of our Segambut MP Hannah Yeoh and her team, who have tirelessly championed the welfare of the longhouse community and the preservation of Taman Rimba Kiara.
We thank our outstanding legal team – Prof Gurdial Singh Nijar, Aliff Benjamin Suhaimi, Abraham Au, Christopher Leong, Phoebe Loi and Joyce Pang – for their indefatigable courage, steadfast commitment, partnership and steely perseverance over the past six-and-a-half years, unswervingly pursuing this legal battle through the courts system until its apex at the Federal Court, resulting in today’s landmark decision.
Concurrent with today’s decision, we call on Yayasan Wilayah Persekutuan (the Federal Territory Foundation), the new mayor, Kamarulzaman Mat Salleh, and Prime Minister Anwar Ibrahim (retaining oversight of the Kuala Lumpur administration through the Federal Territories Department under the prime minister’s office) to do the following:
1. New, permanent housing for the 100 longhouse families
Let us now work together to deliver affordable, low-density, permanent housing for the longhouse residents within the existing four acres of the longhouse. We have previously outlined a viable alternative plan to deliver such housing for the longhouse residents and we call on the Kuala Lumpur mayor and the prime minister to work with us on delivering this. Permanent housing can be delivered without having to destroy the adjacent green area in Taman Rimba Kiara.
2. Respect the KL Structure Plan 2020 and leave Taman Rimba Kiara as it is – a wonderful green public park!
The Federal Court and the Court of Appeal have been clear that the Kuala Lumpur Structure Plan 2020 (gazetted in 2004) is legally binding. The KL Structure Plan 2020 identified Taman Rimba Kiara as a city park and a public green space.
We call on the mayor and the PM to ensure that all necessary action is now taken to demonstrate compliance with the structure plan. All administrative actions that have attempted to change the zoning or land use status of Taman Rimba Kiara (known as PT 9244) including through the KL Local Plan 2020 are, by virtue of the Federal Court decision, null and void. PT 9244’s status as a city park and public green space should be restored, both in the KL Local Plan 2020 and in all KL planning documents (whether current or future) including the Kuala Lumpur structure plan 2040.
Let us now focus on doing the right thing, by working together to deliver permanent housing for the longhouse community, and concurrently preserving Taman Rimba Kiara for our future generations!
Leon Koay is residents’ coordinator of the Save Taman Rimba Kiara working group
Sivakumar Muniandy is secretary of the Bukit Kiara longhouse residents association
Abdul Hafiz Abu Bakar is the immediate past chairman of the Taman Tun Dr Ismail Residents’ Association while Clinton Ang is the immediate past deputy chairman
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