It’s cool, guys: the bad people who want to rob your house will still need to jump over a hurdle (and a sleeping security guard) before they can break in.
The Federal Court ruled today that it is legal for boom gates to be installed across public roads and guardhouses in residential areas.
The presiding five-judge panel ruled that regulating access to a defined area did not amount to creating an obstruction under the law, especially if the acess is limited for security reasons.
“It is so only if one is denied access to a public place. It is not a barricade that is placed across a public road that denies access altogether to all who wish to enter,” said chair Justice Zulkefli Ahmad, as quoted by The Star Online.
The ruling was part of the dismissal of an appeal by Au Kean Hoe, who lives in D’Villa Equestrian in Kota Damansara. Au had taken legal action against the housing estate’s residents’ association for building a guardhouse and two boom gates in the area.
Au argued that the security structures were illegal and a nuisance which amounted to a road obstruction.
Justice Zulkefli said the PJ City Hall (MBPJ) was within its rights when it granted approval to the residents’ association to build the guardhouse and boom gates, in accordance to guidelines for guarded communities issued by the Urban Planning Department in 2011.
In August 2010, Au ceased to be a member of the area’s residents’ association and stopped paying maintenance and security charges.
The association issued a circular on Oct 25, 2011, notifying residents that those who had not paid the security and maintenance charges would have to open the boom gates themselves without the assistance of the security guard on duty.
That set Au off on the path to instigating a lawsuit on the matter, which then drove the residents’ association to file a counter-claim seeking security and maintenance fee arrears and an injunction against Au to restrain him from harassing the security guards in the area.
That’s … that’s a lot of court time over a boom gate. So boomz.
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