Some 7 members of Parti Solidariti Tanah Airku (Star) filed for leave for a judicial review seeking a declaration that the Tanjung Aru Eco Development (TAED) project is ultra vires and unlawful under Section 9A and Schedule II of the Land Ordinance Cap 30.

The 7 applicants named Kota Kinabalu Mayor, Sabah State Government and Director of Lands and Surveys Department as the first, second and third respondent

In a statement, the applicants claimed the TAED project was in breach of Section 9A and schedule II of the Sabah Land Ordinance Cap 30 as the word 'alienate' as defined under the Ordinance means to lease or otherwise dispose of State land on behalf of the government in consideration of the payment of such rent and of such premium, if any as may be required.

"The undertaking of the TAED project would not be possible without land being alienated by the second respondent or the third respondent and the relevant government agencies.

They argued that the TAED project was and is undertaken to fundamentally change the beach from what it is now with something totally different. The beach as it now has generally been preserved for generations in its original state but the beach that it will become after the TAED project is completed will be totally different.

They are seeking an order of certiorari against the respondents to set aside the master plan on the ground that the Tanjung Aru Eco Development Master Plan is ultra vires and unlawful under Section 9A and Schedule II of the Land Ordinance Cap 30.

The applicants are also seeking an order of mandamus to the second and third respondents to compel the first respondent and their agents or servants to stop, discontinue and or abandon the implementation of the Tanjung Aru Eco Development Master Plan whether by itself or its servants or agents and to restore the Tanjung Aru Beach to its original state and condition before the implementation of the Tanjung Aru Eco Development Master plan or any part thereof.