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GEORGE TOWN: The High Court yesterday dismissed an application for judicial review filed by MJ Properties (Komtar) Sdn Bhd challenging the Penang Island Municipal Council's (MPPP) decision to approve the RM10 million Komtar Walk project.

Judicial commissioner Nurmala Salim said the court was satisfied that MPPP had sent out notice to the neighbouring landowners as required under Section 21(6) of the Town and Country Planning Act 1976.

Nurmala said the notice was based on the address obtained from the search done at the Land Office, noting that the court felt the applicant should have updated its address at the Land Office.

"MPPP should not be burdened with the duty to carry out a company search at the Companies Commission of Malaysia to ascertain the applicant's latest address, as numerous notices need to be sent out to the respective neighbouring landowners," she said.

Nurmala said the court also held that there was no evidence that part of the development site was on a road reserve as alleged by the applicant.

MJ Properties had applied for judicial review on the grounds they did not receive the MPPP notice to inform them on their right to object to a planning permission application by Pacific Hypermarket and Department Store Sdn Bhd to put up Komtar Walk.

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