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Jan 7, 2009
Devotees lose fight over temple
By Sue-ann Chia
THE Court of Appeal has upheld a High Court judgment that the Government did not discriminate against a Chinese temple when it acquired its land for the new Circle Line.

The new ruling brings to a close a year-long battle initiated by three devotees of the Jin Long Si temple, off Bartley Road.

The trio - Ms Eng Foong Ho, Mr Hue Guan Koon and Ms Ang Beng Woon - had asserted the acquisition was unconstitutional.

They argued that it was discriminatory because two other religious institutions in the same area did not suffer the same fate. These are the Ramakrishna Mission and Bartley Christian Church.

Disagreeing, the Appeal Court judges said an executive act might be unconstitutional if it amounted to intentional and arbitrary discrimination.

In this case, the temple devotees had not alleged any arbitrary action on the part of the Government. They had also conceded the acquisition proceeded in good faith, said Justice Andrew Phang, in a written ruling released on Monday.

The two other judges who heard the appeal in August were Chief Justice Chan Sek Keong and Justice V. K. Rajah.

Noting that the facts were plain, Justice Phang said the temple site lay at the corner of what was a substantial plot of state land.

'Its amalgamation with the state land would not only appear reasonable but would also enable the entire plot of land to be developed in as optimal fashion as possible,' he said.

By contrast, the site of the church did not offer any reasonable opportunity for amalgamation, he added, citing statements made in an affidavit by Urban Redevelopment Authority planner Eng Gim Hwee.

Read the full report in Thursday's edition of The Straits Times.

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