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Brothers get High Court leave to challenge DBKL approval for 39-storey towers near their Old Klang Road home

KUALA LUMPUR, Sept 8 — Two brothers have obtained High Court permission to challenge Kuala Lumpur City Hall’s approval for two 39-storey residential towers planned less than 11...

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两兄弟获高等法院许可,将对吉隆坡市政局批准在其旧巴生路住宅附近建造39层高楼的决定提出质疑。

Two brothers obtained High Court permission to challenge City Hall's approval for residential towers planned close to their home on Jalan Klang Lama.

An interim stay on the development was granted until their permanent stay application is heard, despite opposition from the Attorney General's Chambers.

The brothers raised concerns about traffic, environmental impact, and legality, submitting their judicial review application in June and changing solicitors in September.

KUALA LUMPUR, Sept 8 — Two brothers have obtained High Court permission to challenge Kuala Lumpur City Hall’s approval for two 39-storey residential towers planned less than 11 metres from their home along Jalan Klang Lama.

The Edge reported that Judge Datuk Azizan Md Arshad granted T Kanagarasah, 38, and T Mahendra Kumar, 42, leave to seek judicial review of the project, with the Attorney General’s Chambers not opposing the application.

The judge also granted an interim stay on the development until the brothers’ application for a permanent stay is heard on October 8, despite an objection from the Attorney General’s Chambers.

The brothers are seeking to overturn a development order issued on January 20 and a building plan approved on March 10 for the two towers and a hawker centre on three lots in Mukim Petaling.

The proposed project is expected to have 1,544 residential units, with the brothers also seeking general damages and costs.

In his supporting affidavit, Kanagarasah said their home, which is 69 years old, was less than 11 metres from the proposed development and that the brothers were shown the project’s development order and building plan on March 6.

He said they were unable to attend a public hearing to object to the project but had submitted a written objection that same day.

Among their concerns was the expected increase in traffic, with Kanagarasah claiming that more than 1,500 new homes could bring an additional 2,000 to 3,000 vehicles into the area.

He also raised concerns about construction-related noise and dust, potential flooding and the impact on surrounding residents’ privacy and the area’s already high density.

The brothers later submitted another objection, alleging that no environmental impact assessment had been conducted for the project and that the development order was inconsistent with the Kuala Lumpur Structure Plan.

They further claimed City Hall’s approval was unlawful, including in relation to requirements for notifying adjoining landowners under the relevant planning laws.

The brothers initially filed the judicial review application through Messrs Peters Chambers on June 6 before appointing Messrs Cheow Wee and Mai as their new solicitors on September 5.

The Edge confirmed the court’s decision with lawyer Cheow Wee.

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