Parti Solidariti Tanah Airku (Star) Tuesday failed in their application for a judicial review against the billion-ringgit Tanjung Aru Eco Development (TAED) project.

The High Court, here, rejected the attempt by six party members to declare the project ultra vires and unlawful under Section 9A and Schedule II of the Land Ordinance Cap 30.

High Court Judicial Commissioner Ismail Brahim, in giving his decision in chambers, dismissed the application with cost of RM1,500 for each respondent.

The six " Ferdinand Quimson, Alfred Raphael, Steven Chong, Homer D Lubaton, Arthur Arwin Tolentino, Samuel J Lai and Marcel Jude Joseph " had named Kota Kinabalu Mayor, the Sabah State Government and Director of Lands and Surveys Department as the first, second and third respondent. They filed the application on May 23 this year, 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.

They also sought an order of prohibition against the respondents whether by themselves or by their servants or agents to proceed with the development of the Tanjung Aru Eco Development Master Plan for the same reason.

The applicants were 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.

The applicants were represented by counsel Nurul Rafeeqa Marcel while counsel Datuk Roderic Fernandez represented the first respondent. The second and third respondents were represented by State Counsel Hanafiah Kasim.

Work on the project's first phase or First Beach area is expected to begin early next year.

Known as the Aru Gateway, it is approximately 26 hectares and would comprise mixed commercial development along Jalan Mat Salleh.

The other zones are Prince Philip Wharf, Prince Philip Park, Aru Village, Aru Oceanfront, Aru Marina, Tanjung Aru beach and Golf Retreat.

Datuk Victor Paul (pic), the project's manager, had said it would be ready in 36 months and increase employment opportunities. When completed, it would be a favourite destination for tourists.

The master plan of the total development is 348ha (860acres) but only 31pc would be utilised and the remainder given back to the people of Sabah.

He also said that contrary to critics, the project belonged to the State Government and incorporated under the Chief Minister Ordinance.

"Whoever comes after Musa automatically becomes the next Chairman of the Board.

Members of the Board will be spread out among policy makers in Sabah and State Attorney-General's office."

He also said that 50 acres of the beachfront was lost to erosion over the decades and the water now is polluted, making the area unsafe for swimming.