Freeze on federal projects?


http://news.abnxcess.com/wp-content/uploads/2012/12/AES-1.jpg 

(Selangor Times) – Kuala Lumpur High Court Judge Datuk Zaleha Yusof yesterday decided that the speed cameras were erected on areas that have been declared as federal roads by the minister. The state is not the owner of the land and so neither MP Sepang nor Selangor have a say over structures built on it.

Selangor is considering halting all federal projects following yesterday’s High Court decision to disallow the Sepang Municipal Council (MPSepang) from removing the controversial Automated Enforcement System (AES) cameras.

“The state government is disappointed with the Kuala Lumpur High Court decision that local governments have no power over structures built on Federal roads,

“If we have no right to control structures in the state then we cannot manage it well,” said Menteri Besar Tan Sri Khalid Ibrahim during a press conference yesterday.

The state has ordered the State Economic Planning Unit to prepare a list of Federal  projects on highways and Prasarana’s Light Rail Transit (LRT) project for review by the state executive council to ensure the interests of the public and state are protected.

Meanwhile, projects which have been approved should  be suspended temporarily until the issue is resolved.

Kuala Lumpur High Court Judge Datuk Zaleha Yusof yesterday decided that the speed cameras were erected on areas that have been declared as federal roads by the minister.

The state is not the owner of the land and so neither MP Sepang nor Selangor have a say over structures built on it.

She added that Selangor was under “constitutional obligation” to not interfere as highways are Federal roads.

“The Selangor government does not have jurisdiction on the North-South Expressway (Plus) and the South Klang Valley expressway (SKVE) as such powers lie with the federal government and the Public Works Department.

“Hence, the company (Beta Tegap Sdn Bhd) need not have permission from the Sepang Municipal Council to erect the AES poles on the federal roads. The application is allowed and as this is a matter of public interest I make no order as to costs.”

However, Khalid said Selangor will be appealing the High Court decision.

“We will be getting the state legal adviser and the MPSepang’s legal department to review the judicial records and then file an appeal,” he said.

Khalid reiterated that the state and local governments should be able to have control over all structures built in Selangor including AES and advertising billboards.

The AES cameras were installed last year along the North-South Expressway (PLUS) and the South Klang Valley Expressway (SKVE) without the proper applications and approvals by MPSepang.

Following this, two notices were issued by MP Sepang last November requesting the contractor to put in a formal application for the AES camera structures.

However, the notices were disregarded and the contractor was subsequently issued another letter dated Dec 6 to dismantle the cameras within 14 days.

The contractor then challenged the council’s directive and filed a leave application for a judicial review in the High Court on Dec 12, which was granted on Dec 19.

 



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