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Mais ruled out in land dispute

15/03/2008 The Star

SHAH ALAM: The Selangor Religious Council (Mais) has failed in its application to intervene in a judicial review proceeding filed by 147 residents against the Shah Alam City Council (MBSA) over a land matter.

The residents, all of Kota Kemuning and Kemuning Greenville, had initiated a judicial review against the MBSA in August 2006 to appraise its approval of a piece of vacant plot in the Kota Kemuning area as a Muslim burial ground.

The High Court here dismissed Mais' application yesterday.

The applicants had obtained an interim preservation order to prohibit the use of the land as a burial ground until the hearing of the judicial review proceedings were concluded.

Mais filed an application to intervene in December last year on the basis that it had started proceedings in the Syariah Court for the vacant plot of land to be declared as wakaf (community) land.

In delivering her decision, High Court judge Datuk Rosnaini Saub held that the issue was within the power of MBSA in which Mais did not have an interest.

She also held that the wakaf issue raised by Mais was not relevant to the judicial review proceedings.

R. Sharmila represented the applicants whilst Mubashir Mansor appeared for Mais.

 

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