Sunday, May 28, 2017

why the ex-parte not inter parte court case against TAED?



Why the ex-parte not inter parte court case against TAED?

I am pleased to refer to the news item titled “Star seeks to declare TAED project unlawful” DE 24/5/2017.

It was reported that “Six members of Parti Solidariti Tanah Airku (Star) filed for leave for a judicial review seeking a declaration that the Tanjung Aru Eco Development (TAED) project is ultra vires and unlawful under Section 9A and Schedule II of the Land Ordinance Cap 30.”

Before I proceed, I would like to know if there is a Land Ordinance Cap 30 in Sabah.

It is indeed a break in suspense that Tanjung Aru Eco Development (TAED) project had been hanging over our heads without the opportunity to seek a legal view on that massive and questioned project.  The last public hearing on the public protests was held in Kota Kinabalu on 21st March, 2017 where many issues were raised after a period of public viewing of the draft township plan.

Now that some people have taken the initiative to bring it to Court an ex-parte approach and hopefully this timely effort could be successful in Court to put a stop to this very much questioned massive project that has disturbed the iconic Tanjung Aru Beach with a possible total destruction of a natural beach.
We cannot afford to see any failure in the Court which could seal the effort of stop this TAED project.
I hope the public in the know of the technicalities of the said project would come forward to render their expertise on various issues that had been raised with Special Environment Impact Assessment (SEIA) in three presentations.
What we have witnessed the massive developments along our KK coastline from Likas to Tanjung Aru for the past decades especially since 2012 are most disturbing especially now the TAED in TAB.
Many are not aware that the land in TAB had been alienated to TAED SB and whether this title is valid or not given the Section 9A of Sabah Cap 68?

TAB lover.
(Joshua Y. C. Kong) 25/5/2017

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