Source : Straits Times - 22 Aug 2008
Three devotees argue that acquisition of site off Bartley Road violated Constitution
FOR almost two hours yesterday, judges of the Court of Appeal heard arguments over whether the Government’s acquisition of a 65-year-old temple off Bartley Road was legal.
Lawyers representing three devotees of the Jin Long Si Temple said the acquisition of the temple site in 2003 violated the Constitution.
They also said the trio - Ms Eng Foong Ho, Mr Hue Guan Koon and Ms Ang Beng Woon - had the right to initiate court action on the matter.
Their arguments before the Court of Appeal sought to overturn a decision by the High Court in February which upheld the Government’s acquisition of the site.
Deputy Senior State Counsel Eric Chin, in countering their points, said there cannot be any breach of the Constitution when an acquisition is based on correct land planning considerations.
Both sides argued before Chief Justice Chan Sek Keong, Justice Andrew Phang and Justice V.K. Rajah.
The Appeal Court judgesquestioned them on issues related to zoning and acquisition, among other things, and will give their ruling at a later date.
The trio first challenged the Government’s acquisition in January this year. The site was acquired as part of redevelopment plans linked to the building of the Circle Line’s Bartley station.
The temple was given five years - from the time it was acquired till Jan 31 this year - to relocate. It was in talks with the authorities about an alternative site but the move was postponed following the lawsuit.
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