The Bangsar Ria daycare centre for disabled children in Section 12, Petaling Jaya will not be evicted, as the Shah Alam High Court has dismissed the judicial review application filed by two of the daycare centre’s neighbours against the Petaling Jaya Municipal Council (MBPJ) and Bangsar Ria’s landlord Ramesh Chelliah.
In his ruling to dismiss the application filed by A. Kanesalingam and K. Rajeswari, Justice Vernon Ong stated that the MBPJ had acted in accordance to the Town and Planning Act 1976 when it granted the planning permission to Bangsar Ria.
“The actions of MBPJ were not inconsistent with the National Land Code and the express conditions of the Code,” said Ong in his half-hour judgment today.
Ong added that the National Land Code would only come into effect if the planning permission was granted under a municipal by-law that conflicted with the provisions of the National Land Code.
“The Town and Country Planning Act is not a by-law and not an inconsistency,” added Ong.
He also dismissed the application filed against Ramesh, ruling that judicial review proceedings could not be brought against an individual. He added that a civil suit should have been brought if the applicants had sought damages for nuisance.
Justice Ong set costs at RM5,000 to be awarded to the MBPJ and Ramesh respectively.
Kanesalingam and Rajeswari had filed the judicial review to revoke the planning permission granted by the MBPJ to the Bangsar Ria daycare centre. In their statement of judicial review, the supplicants said they have suffered nuisance throughout the day from 8.30am to 5pm, Monday to Friday, as a result of intolerable noise made by the disabled children and their attendants and carers.
“(The applicants have suffered) nuisance of experiencing the uncomfortable sensation of seeing the disabilities and sufferings of all the special children, the whole day, day in day out,” they added in their statement.
See Also: Daycare centre for disabled children in PJ to know if it can stay open today, Neighbours want PJ centre for disabled children shut down. Find out why.
Story: The Star Online
