KUALA LUMPUR: The High Court today set Feb 12 to hear an application for a judicial review by Vivekananda Ashrama Kuala Lumpur to revoke the decision of the National Heritage Department to designate the 110-year-old Vivekananda Ashrama building in Brickfields as a heritage site.
Senior federal counsel Mazlifah Ayob, representing the respondents in the case, told this to reporters after the matter came up in chambers before judge Datuk Hanipah Farikullah.
Also present was lawyer Datuk David Gurupatham, representing Vivekananda Ashrama Kuala Lumpur, which owned the Vivekananda Ashrama building.
Vivekananda Ashrama Kuala Lumpur had named the National Heritage Department, National Heritage Commissioner Dr Zainah Ibrahim, the Ministry of Tourism and Culture and the Minister of Tourism and Culture as respondents.
The company filed the application on Oct 13 last year for a certiorari order to revoke the decision and notice, dated Jul 15, 2015, by the National Heritage Department to designate the site of the Vivekananda Ashrama building, covering 43,558 sq ft, as a heritage site under the National Heritage Act 2005.
It is also seeking a declaration that the land surrounding the building could not designated as national or cultural heritage under the National Heritage Act, but only the building could be designated as a heritage site.
It also wants the court to issue a mandamus order for the National Heritage Department to reconsider designating only the Vivekananda Ashrama building as heritage site, so that the company could develop the surrounding land.
The company is also seeking a certiorari order to revoke an interim protection order obtained by the department, and as an alternative remedy, for the department to pay damages of RM60,093,920 to the company for denying its right to develop the land.
It is also seeking an interim injunction to prevent the department from taking any action against the company and the building site pending disposal of the legal action.