GEORGE TOWN: Four Penangites have filed a suit against the state government in a High Court here challenging the validity of the subterranean Penang International Convention and Exhibition Centre (sPICE) project's agreement.
Khoo Yen Her, R. Rama Krishnan, Abdul Manan Abdul Manap and K. Sathiasilan named the state executive councillors, Chief Minister Lim Guan Eng, Penang Municipal Council (MPPP) and project developer Eco Meridian Sdn Bhd as defendants in the writ of summons.
Eco Meridian is a subsidiary of SP Setia Bhd, the sPICE project's concessionaire.
The plaintiffs, who claimed that they were bringing the action on behalf of the island's taxpayers, are seeking a copy of the agreement between MPPP and Eco Meridian.
In their statement of claim, they want the court to declare that the order given by the state authorities to the council to enter into the agreement was inconsistent and ultra vires (beyond the powers) to Section 9 (1) of the Local Government Act 1976, and therefore, rendered the agreement null and void.
The section gives the state the power of authority to issue directives and policies to the state authorities.
The plaintiffs are also seeking a declaration that provisions in the agreement, which allow Eco Meridian an additional density of 1,500 housing units for any development carried out in Penang by companies connected with SP Setia, is null and void as they are ultra vires to the Town and Country Planning Act 1976.
The four are seeking costs and other relief deemed fit by the court.
sPICE is part of the Penang People's Park (PPP) project which includes a 2.8ha public park, a refurbished, repaired and upgraded Penang International Sports Arena (Pisa) and Aquatic Centre, and a new hotel with retail outlets and a car park. - The Star
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