AES firm gets leave to challenge council

KUALA LUMPUR: A company awarded the Automated Enforcement System (AES) cameras contract has obtained leave from the High Court here to challenge a decision by the Sepang City Council to demolish two AES cameras pillars on two highways.

High Court judge Justice Zaleha Yusof granted leave for a judicial review in chambers in the presence of lawyers Alex de Silva and Fiona Bodipalar who represented Beta Tegap Sdn Bhd, and M. Indrani and K. Kandiah, who represented the council.

Justice Zaleha granted an order for the council not to take any action to demolish or cover the AES cameras until the end of the matter, which the council agreed to.

The court fixed Feb 6 next year for case management.
Beta Tegap, one of two companies awarded the AES contract, is seeking an order of certiorari to quash a council decision made on Nov 19, ruling it had to have planning permission to install the two cameras and pillars.

One AES camera is located at KM301.7 of the North-South Highway (PLUS) heading to Kuala Lumpur while the other is at KM6.6 of the South Klang Valley Expressway (SKVE) heading to Kajang.

Beta Tegap filed a motion seeking leave for judicial review on Dec 12.

It is also seeking an order quashing a council decision made on Dec 6, ruling that it had committed an offence under the Street, Drainage and Building Act 1974 by installing the AES cameras without permission, and had 14 days to demolish the pillars and remove the cameras.

The company is also seeking a declaration that the council has no jurisdiction over the PLUS and SKVE highways, which it claims are under the authority of the Malaysian Highway Authority, and costs.

Source From : The Star