Developer gets stop work order

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Court grants ex-parte interim injunction to halt further dismantling of car parks at Miri Waterfront

A section of the parking lots adjoining Miri Waterfront Commercial Centre where no further works are allowed to be done.

KUCHING: A judge has slapped developers of Marina Park City in Miri with a temporary restraining order to stop removing the car parks servicing the Miri Waterfront Commercial Centre yesterday.

Judge Datuk Yew Jen Kie granted an ex-parte interim injunction to stop Pantai Bayu Indah Sdn Bhd, from causing or allowing any further works or development on the car parks adjoining Miri Waterfront Commercial Centre without prior written consent of the applicants.

The injunction is also meant to restrain Pantai Bayu Indah from causing or allowing any further machinery, hard core, road scalping or other material to be brought onto the land in connection with the formation of any further areas of hard standing or access ways beyond the materials currently on the site.

Miri MP Dr Michael Teo, together with eight other applicants, had on Sept 17 filed an Application for Judicial Review, for and on behalf of themselves and other respective registered proprietors, tenants, business owners and stakeholders having an interest in the shop houses there.

This Application for Judicial Review was filed in the Miri High Court. However, as the Judicial Commissioner in Miri was attending a judicial course and unavailable to hear the ex parte application for the interim injunction on an urgent basis, the Kuching High Court was assigned to hear the ex-parte application.

The Application for Judicial Review sought for Orders including an order of Certiorari to quash the decision of Miri City Council (as first respondent), Director of Lands and Surveys Sarawak (as second respondent), State Planning Authority (third respondent) and the Government of Sarawak (as fourth respondent) to unilaterally delete or remove car parks adjacent to and servicing the applicants’ properties and or place of business at Miri Waterfront Commercial Centre in Jalan Sri Dagang.

Pantai Bayu Indah is named as the fifth respondent in the Application for Judicial Review.

The Application for Judicial Review sought, in addition or in the alternative, for a mandatory order to compel Miri City Council, Director of Lands and Surveys Sarawak, State Planning Authority and Government of Sarawak to restore the aforestated car parks and or to continue to maintain the said car parks adjacent to and servicing the applicants’ properties and or place of business at the said commercial centre.

(From left) Willy Kajan, Peter Abong, Lawyer Abun Sui, Dr Teo, Bill Kayong and Lai Nyong Kheng showing the ex parte interim injunction granted by Kuching High Court.

The applicants in the case applied for declaratory and injunctive reliefs pursuant to provisions under the Federal and State Constitution, the Land Code, the Land Code (Development & Subdivision of Land) (Parking Spaces) Rules 1998 and the Local Authorities Ordinance 1996 and the Rules of Court 2012.

See Chee How and Desmond Kho are lawyers acting for Dr Teo and the eight other applicants.

When the ex parte order for interim injunction is finalised and granted by the Miri High Court, Dr Teo said the same would be served on the company and copies would also be furnished to the Miri City Council and the Police Department in Miri.

The High Court further ordered that the Application for Judicial Review and the Application for Interim Injunction be served by the applicants
on the respondents and fixed for the injunction to be heard inter parte on Oct 2.

The almost complete road linking Marina Park with Miri Waterfront and the city centre was one of five roads approved to be built which has brought bad publicity especially to Miri City Council and the developer.

Protests led by Dr Teo had started in July with Dr Teo claiming that the access road would deprive the public and shop owners of 72 per cent of parking lots in the area.

Miri mayor Lawrence Lai was quoted as saying recently that the development of Marina Park including the road access had been approved 20 years ago by the State Planning Authority (SPA).

Assuring the people that there would be ample parking lots in the area upon completion of the road, Lai had said the city centre needed broader roads including access road to ease traffic flow in city centre.

“The traffic flows in city centre will be improved and better once the road is completed.”

On the parking lots, Lai had assured the people that there would be ample parking lots to replace the parking lots taken by the project.

The construction of the access road started after the official launching of the Marina Park City in May.