KUALA LUMPUR The High Court has found the Petaling Jaya City Council (MBPJ) liable for damages arising from its enforcement action against an advertising gantry along the Federal Highway last year.
In his decision on Danwan Corporation Sdn Bhd's judicial review on Monday, Justice Azizan Arshad ruled that the company was entitled to claim damages, if any, legally attributable to the impugned enforcement action.
The amount of damages will be assessed separately in accordance with the applicable provisions of the Rules of Court 2012.
However, the court dismissed the claim for personal damages against the mayor of Petaling Jaya, the second respondent, under Section 125 of the Local Government Act 1976.
The court nonetheless ordered MBPJ and the mayor to pay Danwan RM5,000 in costs.
The matter has been fixed for directions on the assessment of damages on Nov 11.
The dispute concerns an advertising gantry operated by Danwan at Km32.9 of the Federal Highway.
In August last year, MBPJ issued a notice directing the removal of the billboard under the Advertisement (MBPJ) By-Laws 2007.
Danwan said the gantry stood on a federal road reserve under a licence issued by the works ministry pursuant to Section 85A of the Road Transport Act 1987.
The company argued that regulation of billboard structures along the Federal Highway fell within the ministry's jurisdiction, rather than the local authority's.
Danwan director Stanley Ho said the judicial review was intended to clarify the respective jurisdiction of federal and local authorities over advertising structures on federal road reserves.
He said the company remains committed to working with the relevant authorities to ensure its advertising structures comply with applicable requirements.