High Court dismisses bid to save temple site but Bodhi tree to be saved

Jin Long Si has two months to relocate to site offered by Govt; acquired land to be used for homes
Peh Shing Huei, Straits Times 26 Feb 08;

A LEGAL bid by three devotees to save their 65-year-old Buddhist temple site from government acquisition was dismissed by the High Court yesterday.

The Jin Long Si Temple, off Bartley Road, now has two months to move to a temporary site, likely to be in Tai Seng Avenue in Paya Lebar.

The devotees of the temple had filed a suit last month against the acquisition, alleging that it is in violation of the Constitution.

The case was heard in chambers, behind closed doors, on Jan 29, and the court ruled yesterday that the devotees had no standing to make the application.

Even if they did, Justice Tan Lee Meng said, the Government did not breach the Constitution.

The site was acquired by the Government in 2003 as part of redevelopment plans in conjunction with the construction of the Circle Line's Bartley station.

The wood-walled, zinc-roofed temple was given a five-year period, up to Jan 31 this year, to relocate.

But because of the lawsuit, the move was postponed.

The Government had offered the temple alternative sites and discussions were underway for the direct alienation of these sites to the temple late last year, said the Law Ministry in a statement.

The temple's land is to be merged with state land next to it, where the Millennia Institute used to be, so that more homes can be built there.

The plot is scheduled for sale in the second half of this year.

Now that the devotees' application has been dismissed, the Government will resume discussions with the temple trustees on the move to a temporary site, and subsequently to a permanent home.

The trustees and key committee members have indicated their preference for a site in Tai Seng Avenue.

Temple president Tan Poh Heong declined comment yesterday, saying he has to consult the temple's lawyers.

...but Bodhi tree to be saved
Straits Times 26 Feb 08;

THE Jin Long Si Temple made news two years ago when its devotees launched a petition to save it and the large Bodhi tree - estimated to be more than 100 years old - on its premises.

Yesterday, the Government announced that the tree will be saved after all.

While the acquisition of the Jin Long Si Temple will proceed as planned, the Law Ministry pledged yesterday to retain the Bodhi tree on the land.

The tender conditions for the redevelopment of the site off Bartley Road will require that the developer take necessary measures to ensure that the tree is preserved.

The tree has attracted much attention since 2006, when both nature lovers and temple devotees asked for its preservation.

The Bodhi tree is considered sacred as Buddha is believed to have gained enlightenment while sitting under one.

The tree at Jin Long Si has a girth of 8.5m and is 30.5m tall.

Court rejects devotees' case
Acquisition of Bartley temple land did not breach Constitution
Leong Wee Keat, Straits Times 26 Feb 08;

An application by three devotees to stop the relocation of a temple off Bartley Road was dismissed by the High Court yesterday.

The Jin Long Si Temple was acquired by the Government five years ago, in January 2003, for "comprehensive redevelopment" in conjunction with the construction of the new Bartley MRT station along the Circle Line. The temple site and the adjoining State land — the former Millenia Institute site — are slated for redevelopment for high-density residential use.

Last month, just two weeks before the "move out" date, three devotees initiated legal proceedings to stay the acquisition.

The trio, who are not trustees of the temple, argued that the acquisition of the site violated the Constitution. According to court documents, the three devotees — Ms Eng Foong Ho, Mr Hue Guan Koon and Ms Ang Beng Woon, all of whom claim "personal ties" to the temple — resorted to legal action after earlier appeals to the Government against the move had failed.

Their case was heard in chambers on Jan 29. Issuing his judgment yesterday, Justice Tan Lee Meng dismissed their application, ruling that the devotees had no standing to make the application and the acquisition had not breached the Constitution.

Justice Tan may release written grounds of his decision at a later date.

Over the years, several places of worship have been relocated to make way for redevelopment, including the Tang Suahn Kiong San Soh Hoo Chu Temple along Henderson Road, the Sri Marathadi Muneeswarar at Upper Changi Road North, the Velmurugan Temple along Bukit Merah and Sri Mariamman Muneeswarar Temple at Jalan Kayu.

The lawyer for the three devotees, Mr Ang Cheng Hock, said his clients would consider the ruling before deciding whether to appeal. They have a month to decide.

In a statement yesterday, the Ministry of Law noted that the temple had been given five years until the end of last month to relocate.

The temple's trustees and key committee members have also been in talks with the Government over a temporary site to relocate the 67-year-old temple, while they make plans to build a new temple on a new site.

To facilitate this, the Government had offered sites for both the temporary and subsequently permanent relocation. The temple trustees and key committee members have indicated their preference. It is understood that the temple is likely to move to a site at Tai Seng Avenue, near Paya Lebar.

The Government is also taking steps to help preserve the temple's 100-year-old Bodhi Tree. For example, tender conditions for the site's redevelopment will require the developer to take measures to ensure the retention of the tree.

Temple's acquisition appeal dismissed
Chew Xiang, Business Times 26 Feb 08;

THE High Court has dismissed an application by three devotees of the Jin Long Si Temple, off Bartley Road, to declare that the acquisition of the temple site violates the Constitution.

The government will now go ahead with the redevelopment of the land unless an appeal is lodged. Temporary and permanent sites have been offered to the temple trustees and committee members, as well as compensation. They will have to move out within two months.

Dismissing the application, the court said the applicants had no standing to make it, and that even if they did, there was no merit in their argument that the government had breached the Constitution. The case was heard in chambers on Jan 29.

The 60-year-old temple in Lorong How Sun was acquired in January 2003 for redevelopment in conjunction with the Circle Line MRT system.

The government gave the temple trustees five years - up to Jan 31 this year - to relocate from the site. Repeated appeals to the government to rethink the acquisition were rejected after due consideration.

The site, with adjoining state land that was formerly the Millenia Institute site, is slated for redevelopment to high-density residential use. The combined plot is scheduled for sale under the Government Land Sales programme in the second half of the year.

The acquisition has generated some controversy. A 100-year-old Bodhi tree, which is important to Buddhists, stands in the grounds and many have called for the tree to be preserved.

It is feared that redevelopment of the temple site, which sits on 1,840 sq metres of land, may damage the tree.

But the government has said measures will be taken to help preserve the Bodhi tree, which is more than 30 metres high.

The tender conditions for the redevelopment of the site will require the developer to retain the tree, the government has said.

Application of 3 temple devotees over land acquisition dismissed
Channel NewsAsia 26 Feb 08;

SINGAPORE : The High Court on Monday dismissed an application by three devotees of the Jing Long Si Temple. The devotees had initiated proceedings to declare that the government's acquisition of the temple site had violated the Constitution.

The three devotees had initiated proceedings on January 16 this year, and the case was heard in chambers on January 29.

The Court said the devotees had no standing to make the application, and even if they did, there was no merit in their arguments that the government had acted unconstitutionally.

The temple, at Lorong How Sun in the Bartley area, had been acquired in January 2003 for redevelopment in conjunction with the Circle MRT Line construction.

The temple site and an adjoining state land are slated for high density residential use.

The sites were scheduled for sale under the Government Land Sales Programme in the second half of this year.

In a statement, the Law Ministry said the government will now resume discussion with the temple's trustees and key committee members to facilitate a move - first to a temporary site, and subsequently to a permanent site.

Both these sites are located in nearby Tai Seng Avenue.

The government will also ensure that a Bodhi tree at the current site is preserved. Tender conditions for the site will ensure the developer takes necessary measures to retain the tree. - CNA/ms