The Court at Jalan Dagang where plaintiff Dr Teo and eight others are fighting to keep the parking lots by filing for a judicial review against the decision by the authorities.
MIRI: There was a flutter of excitement in town yesterday when a High Court session moved out of the Courthouse to the field for better assessment of the situation and understanding of the subject matter.
Judicial Commissioner Mairin Idang took the Court to Marina Park City and Miri Waterfront Commercial Centre, stopping at five entry points, where he ordered pictures to be taken of the site of dispute at Jalan Dagang related to the judicial review of the decision by Miri City Council to remove the parking lots.
Upon the agreement of parties involved in the review, the pictures and the locality map used in the visit would be tendered as documents for the Court to deliberate on.
Miri MP Dr Michael Teo and eight others filed the application for Judicial Review seeking for Orders including an Order of Certiorari to quash the decision of Miri City Council (as first respondent), director of Lands and Survey 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.
Developer Pantai Bayu Indah (PBI) is the fifth respondent.
Accompanying Justice Mairin in the field visit were the plaintiff’s lawyer See Chee How, Datuk
J C Fong representing the state government and its agencies and Sim Hui Chuang for PBI.
At the waterfront, the group led by the judge checked out the disputed car parking area and the nearby multi-storey car park.
The arrival of the big group at the waterfront at about 11.30am attracted a crowd of curious onlookers. Police helped to control the traffic flow in the area as it had become congested.
They also visited the private car park building nearby and surrounding areas of the parking lots at Jalan Dagang which were earmarked to make way for a dual carriageway linking Marina Park to Jalan Bendahara.
Miri mayor Lawrence Lai Yew Son, a lawyer by profession, and representatives from the Land and Survey Department were also present to assist the Court.
The Court had issued a temporary stop work order following the application filed on September 17 last year, but it dismissed with cost of RM4,000 the plaintiff’s application for an order to stop Pantai Bayu Indah from deleting or removing the car parking lots on the said road.
The Court will decide on whether the decision to quash or uphold the decision to remove the car parks which the plaintiff said would be unfair to tenants and members of the public.
See said the hearing was adjourned to April 13 for clarification of facts by the Court, which may deliver the much-awaited ruling either on the same day or later.