KUALA LUMPUR: THE High Court yesterday quashed the notices issued by the Sepang Municipal Council directing a company to dismantle the Automated Enforcement System (AES) cameras at two locations in Selangor.
In allowing a judicial review application by the company, Beta Tegap Sdn Bhd, judge Datuk Zaleha Yusof ruled that the council had no jurisdiction over the two highways where the cameras were located.
Beta Tegap was one of the companies awarded the AES contract.
"The AES structures are located within federal roads and do not fall within the jurisdiction of the respondent (Sepang Municipal Council).
"Even though they are on state land, highways have been declared as federal roads. Therefore, the state government is under a constitutional obligation to ensure compliance and not to impede or prejudice the exercise of the executive authority of the federation," Zaleha said.
Both highways, the North-South Expressway (PLUS) and the South Klang Valley Expressway (SKVE), were declared federal roads by the works minister on Dec 27, 1988, and June 25 last year respectively.
"The fact that the land is state land does not make the respondent the owner of the land," said Zaleha, who made no order as to cost.
Zaleha also ruled that the AES pole and camera fell within the definition of "building" as defined in the Street, Drainage and Building Act 1974.
The Sepang Municipal Council's notices to the company were issued under the provisions of the Act.
The notices required Beta Tegap to apply for planning permission for the construction of the AES poles and cameras, and directed the company to dismantle them.
In its application on Dec 12, Beta Tegap challenged the council's directive in ordering the dismantling of AES cameras at Km301.7 of the PLUS highway and Km6.6 of SKVE.
The council had, in a letter dated Dec 6, ordered Beta Tegap to dismantle the cameras at the two locations within 14 days.
Counsel Gobind Singh Deo, who acted for Sepang Municipal Council, told reporters that he would advise his client to file an appeal.
Beta Tegap was represented by Alex De Silva while senior federal counsel Amarjeet Singh appeared for the Attorney-General's Chambers, who was an intervenor in the judicial review application.
The High Court has quashed the notices issued by the Sepang Municipal Council to Beta Tegap Sdn Bhd to remove the Automated Enforcement System cameras at two locations in Selangor. Pic by Fariz Iswadi Ismail