The hearts of Bukit Jalil Estate residents were crushed twice in 48 hours as the High Court and Court of Appeals ruled against their favour, eroding the chances to reclaim their rights.
High Court today struck out a suit filed by the residents against DBKL for citing Emergency Ordinance (Squatter Clearance) to evict them.
Justice Zabariah Mohd Yusof ruled that DBKL mayor was wrongly named in the suit; hence a full trial to deliberate the residents’ status would not be granted.
This was after Court of Appeal yesterday upheld a High Court decision in May to dismiss an interim injunction to the residents.
The double blow will mean that the remaining 41 families in the estate could have their homes demolished at anytime.
The judgment
The residents argued that the eviction notice given by DBKL was faulty for citing the Squatter Clearance provision despite the residents being recognised as estate workers.
Resident’s lawyer Fadiah Nadwa Fikri said they have prepared sufficient evidences to prove their ground.
“But the judge said Selangor Islamic Affairs Department (JAIS) was the landowner and thus the mayor is not the right party to cite,”
“But it was the mayor who issued the notice to the residents, the judge should at least let these issues to be tried in court,” she said.
She added that the court should only strike out lawsuit pertaining to clear-cut issues.
“In this incident, for the judge to strike out the suit without a merit to the court is unreasonable,”
“The residents are now left with nothing,” she said.
Nadwa will file an appeal on the High Court decision today.
Meanwhile, the residents committee treasurer K Balakrishnan was reported as saying they will not back down in the struggle to claim their rights.
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