The Government's decision to take back certain New Territories land for the West Rail project is unlawful, according to a court action launched yesterday.
Owners of the Wah Kai Industrial Centre, Texaco Road, Tsuen Wan, argue that the Government's plan is to build a multi-storey commercial and residential complex on the land and to then resell it at a profit. But the decision by the Deputy Director of Lands to resume the centre has been made under the Railways Ordinance.
An application for judicial review, lodged at the High Court, claims the purpose of resumption is unconnected with railways and therefore outside the powers of the director.
An underground tunnel system, which is connected to the railway, is also planned to run through the site.
But this could be tied to one running under the nearby Tsuen Wan Bypass without interfering with the private rights of the 45 owners bringing the action, they claim.
Another option would be to run the tunnel under the industrial centre or build it near the Riviera Gardens housing scheme, the document says.