Chronology of events
Court case developments
--- 2016 ---
DBKL issued notice of the Proposed Development on a portion of land that is situated within the larger area known as Taman Rimba Kiara.
The Proposed Development involves among other things:
(a) building of 8 blocks of42-54 storey high-end serviced apartments (High-End Apartments);
(b) building one 29-storey block comprising 350 units of affordable housing, for current residents of the longhouses (Longhouse Residents) adjacent to the Sri Maha Mariammann Bukit Kiara Hindu temple;
(c) an increase in population density from 74 persons per acre to 979 persons per acre.
The Proposed Development would add 2000+ units of housing, and at least 8,000 to 10,000 new residents, to Taman Tun Dr Ismail (TTDI).
26 June 2016
TTDI residents organised a peaceful protest against the proposed development at Taman Rimba Kiara. The protest attracted extensive media coverage and many articles were published about the issues surrounding the proposed development.
29 June 2016
Taman Tun Residents' Association (TTDIRA) submitted 5,600 signed petitions to DBKL, documenting objections to the proposed development.
In connection with the objections, the community petition also highlights long-standing promises of permanent housing for the longhouse residents:
“We are cognizant at the same time that the proposal includes affordable housing for longhouse residents who have been living adjacent to the Kuil Maha Mariaman. The commitment to provide long-term permanent housing for the longhouse residents is a long-outstanding commitment which should have been fulfilled by the authorities a long time ago. We do not object to a modest, well-considered, environmentally-friendly development on the site which fulfils that commitment to the longhouse residents. However, such commitment can be achieved in a very modest way without the Proposed Development in question.”
21 August 2016
TTDIRA organised a Save Taman Rimba Kiara Merdeka Picnic to continue highlighting the community's objections to the proposed development.
29 August 2016
DBKL convened a meeting which was attended by the TTDIRA and certain other representatives from the TTDI community. The community's multiple and varied objections to the proposed development were expressed at the said meeting.
--- 2017 ---
17 February 2017
Federal Territory Minister claims that 'development order' has been issued for project at Taman Rimba Kiara.
28 February 2017
DBKL issues conditional planning permission to the developer Memang Perkasa. No notification of such conditional permission is given to the community.
31 March 2017
TTDIRA and apartment complexes adjacent to Taman Rimba Kiara write to DBKL reiterating their objections to the proposed development and requesting updates on the matter.
3 & 4 April 2017
DBKL replies to apartment complexes advising that proposed project is 'still under evaluation'. DBKL does not reply to TTDIRA.
7 May 2017
TTDI Townhall meeting. Save Taman Rimba Kiara working group organises a community meeting to share information on the proposed development and discuss next steps. Meeting is attended by more than 700 people.
21 May 2017
Parks for People event at Taman Rimba Kiara. Save Taman Rimba Kiara working group organises follow-up event to 7 May TTDI Townhall meeting. This event is organised in conjunction with Earth Day and highlights the importance of Taman Rimba Kiara, plus the threat posed by the proposed development. Save Taman Rimba Kiara working group announces the appointment of lawyers to represent the community.
June / July 2017
Lawyers for the community repeatedly request DBKL for updates on the proposed development. DBKL does not reply.
13 July 2017
DBKL issues Development Order to Memang Perkasa. No notification of the Development Order is given at this point to the community.
10 August 2017
The Federal Territory Minister, in a reply to a Parliamentary question submitted by Segambut Member of Parliament, provides first public confirmation that a Development Order has been issued. It is only at this point that the community learns of the issuance of the Development Order.
11 August 2017
TTDIRA, the management bodies of five condominiums and four TTDI residents (Applicants) file an application for a judicial review against DKBL and the KL mayor.
23 August 2017
KL High Court grants the Applicants leave to pursue a judicial review against the DBKL and the KL mayor, in relation to the decisions to issue conditional planning permission and the Development Order. Applicants also request a stay order from the Court, to freeze any work under the Development Order, pending full disposal of the judicial review.
12 October 2017
Court case postponed due to applications by Yayasan Wilayah Persekutuan, developer Memang Perkasa and the Sunderam longhouse residents association to intervene in the case.
3 November 2017
Bicara Rakyat @ TTDI. The Federal Territories Minister, Tengku Adnan, attends a townhall meeting with TTDI residents to discuss issues in TTDI. At the townhall meeting, the Minister promises to meet again separately with the community, specifically for an in-depth discussion of Taman Rimba Kiara. Despite immediate & repeated follow-ups by the community, the Minister fails to keep the promise and no separate meeting takes place.
6 November 2017
DBKL grants the developer Memang Perkasa approval for a property sales gallery to be built on the site.
15 November 2017
KL High Court allows the landowner Yayasan Wilayah Persekutuan, developer Memang Perkasa, and the Sunderam longhouse residents association to be intervenors in the case. TTDI community discovers DBKL's approval of the sales gallery.
26 November 2017
Protest by residents at Taman Rimba Kiara.
13 December 2017
Hearing of the stay application by KL High Court (Appellate and Special Powers) judge Justice Kamaludin Md Said.
14 December 2017
KL High Court dismisses the stay application and orders the Applicants to pay RM40,000 in costs to the respondents. Fixes schedule for process leading to full substantive hearing of judicial review.
17 December 2017
TTDI Run and Family Carnival at Taman Rimba Kiara.
19 December 2017
Federal Territory Minister issues press statement attempting to make various assertions about Taman Rimba Kiara. TTDIRA issues rebuttal statement.
--- 2018 ---
16 January & 13 February 2018
Case management of judicial review application. Parties in process of exchanging affidavits in relation to substantive hearing of the judicial review. Next case management scheduled for 18 April 2018.
26 February 2018
TTDIRA and Save Taman Rimba Kiara Working Group Press Conference regarding further encroachment into Taman Rimba Kiara, and other development issues arising in TTDI.
14 March 2018
Residents discover clearing of trees has begun at Taman Rimba Kiara.
25 March 2018
Occupy Taman Rimba Kiara - a protest by residents and supporters. Defend our park with a picnic basket!
18 April 2018
Case management of judicial review application. Registrar fixed 13 June 2018 as substantive hearing date of the judicial review.
13 June 2018
Case management of judicial review before Judge Datuk Nordin Hassan. Substantive hearing date fixed for 26 and 27 September 2018.
26 July 2018
Briefing for new FT Minister YB Khalid Samad. TTDI representatives meet YB Khalid Samad in Parliament and provide briefing on TRK development. The briefing was arranged by YB Hannah Yeoh.
23 August 2018
Meeting with Tun Daim Zainuddin, chairperson of Council of Eminent Persons (CEP). TTDI representatives provided briefing on TRK development to Tun Daim.
26 September 2018
Hearing of the judicial review application had been adjourned pursuant to DBKL's request for time to pursue discussions with parties towards a mutual resolution of the matter. Judge Datuk Nordin Hassan fixed 28-29 November and 3-4 December 2018 for the substantive hearing of the judicial review application.
27 Oct 2018
YB Hannah Yeoh issues a media statement to say that she is exploring all ways of resolving the TRK development issue, including consulting with Tun Daim Zainuddin.
11 Nov 2018
A townhall was provisionally scheduled with the FT Minister and new Datuk Bandar for this date, but postponed as the FT Minister had to travel on this date.
23 November 2018
Townhall meeting with YB Khalid bin Abd Samad, Menteri Wilayah Persekutuan, YB Hannah Yeoh, Ahli Parlimen Segambut and YBhg Dato Nor Hisham bin Ahmad Dahlan, Mayor of Kuala Lumpur. Title: Dialog Malaysia Baharu - Harapan Penduduk TTDI.
28 November 2018
Case had been fixed for hearing over four days (Nov 28 & 29, Dec 3 & 4) before Judge Nordin Hassan, Mahkamah 1, Rayuan & Kuasa-Kuasa Khas. Previous hearing date end September had been postponed to today to allow for mutual resolution discussions by parties.
Applicant's lawyers had requested a short postponement in view of announcements by the FT Minister and Segambut MP that the Government would be setting up a joint working committee to explore a mutually workable resolution to the proposed development at Taman Rimba Kiara. This postponement was to allow the Government the opportunity to get the process going and thereafter the lawyers would update the Court again as to next steps.
DBKL and Yayasan Wilayah Persekutuan did not object to the short postponement. However, the developer Memang Perkasa (subsidiary of Malton Berhad) objected and requested that the hearing proceed. The Sunderam longhouse residents' association (one of the two RAs in the longhouses) which has been aligned to the developer, also objected. Despite evidence being presented of the Government's intention to set up a joint working committee, the Judge refused to allow any postponement of the hearing and directed lawyers to proceed with arguments.
Lawyers for all parties presented their arguments over 3.5 hours. At the end of arguments, at about 1.10pm, the Judge indicated that he was ready to deliver his judgment immediately. He proceeded to say that he did not think the development order issued to Memang Perkasa was tainted by illegality in such a manner as to merit the court's intervention. He therefore denied the Applicants' request to quash the development order. Applicants will be discussing the decision with their lawyers and stakeholders, and will update in due course.
CONCURRENTLY: YB Hannah Yeoh was in court today to observe proceedings for an hour. Post the court decision, YB Hannah Yeoh and officers from the FT Ministry have confirmed that the joint working committee will be set up, comprising inter alia her office, the FT Minister's office, Yayasan WP, DBKL, representatives from the longhouses and representatives from TTDI Residents' Association.
YB Hannah's position is that, with or without the court decision, not all stakeholders' views have been properly considered in the past in relation to the Taman Rimba Kiara development, and furthermore that the court proceedings have so far not included all relevant stakeholders. Accordingly, the Government wishes to follow through on setting up the joint working committee as had been discussed during the townhall meeting last Fri 23 Nov 2018 held in TTDI. YB Hannah and the FT Ministry will be providing further updates on this front soon.
13 Dec 2018
TTDI Applicant Group files notice of appeal with the Court of Appeal, to contest the High Court decision. The Court of Appeal has allocated a case number and initial case management is set for 30th January 2019.
17 Dec 2018
TTDIRA holds press conference calling on MACC to expedite its investigation into TRK development, including the conflicts of interest and potential abuse of power under the previous administration in relation to the transfer of TRK land and the issuance of the development order.
17 Dec 2018
First meeting of the TRK joint working committee is held. It is chaired by the FT Minister and comprises:
Datuk Bandar KL
Yayasan Wilayah Persekutuan (landowner)
TTDI Residents Association
Pertubuhan Penduduk Perumahan Awam Bukit Kiara (Sunderam RA)
Persatuan Penduduk Rumah Panjang Bukit Kiara (Sivakumar RA)
Rukun Tetangga Bukit Kiara
Memang Perkasa Sdn Bhd (developer)
This first meeting was a kick-off meeting and was an opportunity for the parties to express their respective viewpoints / perspectives on the issue. The developer mooted a scaled-down proposal of the mega project; this was however rejected by YB Hannah Yeoh, Segambut MP, as the scaled-down proposal continued to encroach into green space. YB Hannah stated that the developer should re-submit a revised proposal that is limited to the 4 acres of the existing longhouse footprint, and which does not encroach into green space.
--- 2019 ---
9 January 2019
FT Minister confirms that parties could not reach agreement in 17 December 2018 joint working committee. TTDI residents confirm that they and YB Hannah requested a revised proposal from the developer that is limited to the existing 4 acre longhouse footprint, for consideration at next joint working committee meeting.
15 January 2019
YB Hannah confirms that she has received opinions from other developers affirming that a housing solution is possible within the existing footprint of the longhouse area. She reiterates her expectation that current developer Malton should submit a revised proposal limited to the 4 acres for consideration at the next joint working committee meeting.
23 January 2019
Center to Combat Corruption and Cronyism (C4 Center) issues press release urging investigation of Tengku Adnan pertaining conflict of interest issues relating to Taman Rimba Kiara development project.
30 Jan 2019
1st scheduled case management by Court of Appeal registry. Case management postponed to 11 March 2019 as registrar on leave.
6 Feb 2019
Malaysian Insight quotes MACC source saying that "investigation papers have been opened" in relation to Tmn Rimba Kiara, and that "all parties who are involved will be called in to have their statements recorded." This purported MACC statement stays unconfirmed and there is no clarification as to why the probe appears to have only been opened in February 2019 when the FT Minister had already alluded to the same matter being investigated by MACC in November 2018. See cross reference below:
There is also no clarification as to why the "investigation papers" have been opened only in February 2019, considering that the first MACC report was lodged in May 2017, with subsequent reports lodged in Nov 2017 and May 2018.
It is also unclear if MACC took any statements from Tengku Adnan specifically in relation to Tmn Rimba Kiara, considering that MACC has already called up Tengku Adnan 12 times to provide statements on KL land deals. Again, whether Tengku Adnan's remarks about being summoned 12 times reconciles with MACC's position that "investigation papers" have been opened only in February 2019.
11 Feb 2019
High Court releases grounds of judgment from 28 Nov 2018 hearing.
11 March 2019
2nd case management date. Registrar fixes 10 Sept 2019 as Court of Appeal hearing date.
13 March 2019
Court of Appeal rules in favour of Taman Tiara Titiwangsa residents who challenged validity of Rule 5 hearing involving proposed development by Yayasan WP in their neighbourhood. Court of Appeal refers to Datuk Bandar KL's position as director and trustee of the board of Yayasan WP and states that such position gave rise to an 'element of bias' in the Rule 5 proceedings.
15 March 2019
TTDI residents issue statement highlighting Court of Appeal's ruling in Tmn Tiara Titiwangsa case and the commonality of the Datuk Bandar's conflict of interest to the Taman Rimba Kiara situation.
24 March 2019
FT Minister Khalid Samad announces that Taman Rimba Kiara matter will be submitted to Cabinet for decision. He states his position that the developer's 'scaled-down' proposal (tabled in Dec 2018) should be allowed to proceed, but acknowledges continued objections from residents. He claims that DBKL will be forced to "pay RM150m compensation" if the project is cancelled.
25 March 2019
YB Hannah rebuts FT Minister Khalid Samad's claims about "RM150m compensation". She advises the Minister not to put a 'mythical price tag' on cancellation and that the consequences of cancellation are matters subject to proof.
27 March 2019
C4 team submits additional information to MACC in relation to Tengku Adnan's involvement in Taman Rimba Kiara development project.
End March 2019 through April 2019
Multiple public statements by parties involved including YB Hannah, the FT Minister, opposing factions of the longhouse residents, Yayasan WP, TTDI residents and third parties relating to various aspects of the controversy. Datuk Ambiga Sreenevasan, Datuk K. Anantham (retired Court of Appeal judge) and Derek Fernandez (local planning law expert) issue statements to correct FT Minister's claims pertaining "compensation". TTDI residents release court documents showing that 97% of payments advanced by developer Malton were to the Government or Yayasan WP, and that only about RM3 million was paid to contractors / consultants for project work as of November 2017. FT Minister's conflict of interest as chairman of Yayasan WP is highlighted and raises questions as to whether he is capable of presenting a fair and balanced picture to the Cabinet. FT Minister agrees to include YB Hannah's paper in his submission to the Cabinet. FT Minister and Yayasan WP deploy intense media campaign with multiple statements and videos advocating his 'scaled-down' proposal and accusing TTDI residents of refusing to compromise.
15 May 2019
YB Hannah conducts press conference at C4 Center, reiterating her call for MACC to expedite probe into Tmn Rimba Kiara matter, and for the Attorney General (AG) to be consulted on the matter as it involves use of government funds in the case of cancellation. Cynthia Gabriel of C4 Center provides briefing of C4's findings in relation to Tengku Adnan's conflicts of interest relating to Taman Rimba Kiara development. Datuk Ambiga Sreenevasan calls on FT Minister Khalid Samad to distance himself from flawed dealings of previous administration and review Yayasan WP's involvement in land deals.
18 May 2019
YB Hannah conducts public townhall at TTDI Community Centre and provides comprehensive update to a full house of 500 attendees on the status of the Tmn Rimba Kiara matter. She outlines 2 alternative development options which are capable of being delivered within the current 4 acre longhouse footprint, without encroaching into Taman Rimba Kiara. She also repeats her strong call for MACC to expedite their investigations into Tengku Adnan's conflicts of interest in relation to the Tmn Rimba Kiara development.
20 May 2019
FT Minister Khalid Samad meets Datuk Ambiga Sreenevasan and Cynthia Gabriel. They agree to bring in Attorney General as 'mediator' in the matter.
21 May 2019
Datuk Azam Baki of MACC announces that they have re-opened their probe into the Taman Rimba Kiara matter, following new information received. According to him, "we have investigated the matter (before), and we have to re-look into it when there are new issues brought to us."
(Note: There appear to be inconsistencies between this statement and the purported MACC statement on 6 February 2019).
End May 2019 through June 2019
Continued war of words in the media involving TTDI RA, FT Ministry, Segambut MP, opposing factions of the longhouse community relating to the controversial development. FT Minister Khalid Samad continues to state that he will be submitting a Cabinet paper on the matter for decision by the Cabinet.
1 July 2019
Centre to Combat Corruption & Cronyism (C4 Centre) issues follow-up findings highlighting linkages between Tengku Adnan's private holding company Tadmansori Holdings, Pavilion Genting Highlands and Pavilion Tmn Tun (TRK project). Tadmansori Holdings was the vehicle used by Tengku Adnan to receive bribes from developers in relation to other projects.
22 July 2019
YB Hannah conducts press conference at TTDI Community Hall with 100 TTDI and longhouse residents in attendance, where she reiterates her stand that any development in TRK should be limited to the 4 acres of the current longhouse area. She also calls on MACC to provide updates on their investigations into Tengku Adnan's conflicts of interest and potential abuse of power pertaining the TRK development, in tandem with the findings issued by C4 Centre.
7 Aug 2019
New MACC Chief Commissioner Latheefa Koya meets with C4 Centre, YB Hannah Yeoh, representatives of Bukit Kiara longhouse and TTDI RA.
10 Aug 2019
The Edge Weekly publishes a detailed cover story on Yayasan Wilayah Persekutuan's land dealings and the conflicts of interest occasioned by the FT Minister and Datuk Bandar's involvement in Yayasan WP while concurrently retaining regulatory power over development approvals in KL and Federal Territory.
10 Sep 2019
Court of Appeal panel of judges convenes to consider TRK appeal. Panel is made up of Datuk Dr Badariah Sahamid, Datuk Harmindar Singh Dhaliwal and Datuk Nor Bee Ariffin. The panel requests the parties to try and agree on a common map of the affected area, which consolidates all relevant information. The panel adjourns the hearing to 22 Nov 2019 to allow the parties time to agree on a common map.
22 Nov 2019
This date was converted into case management so that the Court of Appeal panel could provide further instructions to the parties in relation to filing of enlarged maps for their consideration. The panel sets 15 Jan 2020 as the firm date to hear the appeal. On the morning itself, Gopal Sri Ram enters appearance as additional counsel representing DBKL.
Late Nov 2019 to early Dec 2019
Strong media reaction and public reaction to Gopal Sri Ram's addition as counsel for DBKL. YB Hannah Yeoh questions why DBKL as the richest local council, needs pro bono (free) legal services from Gopal Sri Ram.
--- 2020 ---
15 Jan 2020
Scheduled hearing date by Court of Appeal.