DBKL and the developer( Gasing Meridian Sdn Bhd) have filed an appeal against High Court Judge Mdm Lau Bee Lan’s grant of leave on our Judicial Review against DBKL for denying us a public hearing on proposed development on Bukit Gasing (KL Side).

The appeal hearing will be held at Court of Appeal, Putrajaya on this coming Monday, 9th November 2009 at 9am.

Please do consider coming to the hearing if you are able.  Your thoughts and prayers for Justice would be much appreciated. If you wish to support our fight for transparency and Justice, do click “How you can help us…”

PS: Do check again if you are planning to come, just in case there is last minute change to hearing schedule

JAC for Bukit Gasing.

Almost two years ago, a number of residents affected by the proposed development by Gasing Meridian Sdn Bhd (GMSB) were at a meeting with the Director of Planning for DBKL. We were informed that DBKL had approved the sub-division of land owned by GMSB in October 2007. We were informed that it was only an administrative approval and not a development order. There was no need to be concerned. The impression given to us was that he welcomed our input at the meeting and would take note of the petitions already submitted to DBKL. He assured us that DBKL would be diligent and apply stringent conditions on the development, including having further dialogue with us.

On 11th Feb 2008, 108 residents filed for a Judicial Review by the High Court on DBKL’s rejection of their request for a public hearing. They were concerned about the possibility that not doing so will result in DBKL having a “free hand” in endangering their lives and property.

The facts as they now stand are:

  • The “administrative” approval for sub-division of land is part of a development order
  • 3 days after that meeting, on the 17th November 2007, a further development order for erection of hoarding was given
  • The welcoming of input and suggestions for further dialogue replaced by hand delivered notice to residents on the 31st December 2007, rejecting our request for public hearing
  • Assurance of stringent conditions transformed to issuance of a further development order for earthworks on 31st January 2008, under “Sekysen 70 Akta Jalan, Parit dan Bangunan 1974( AKTA 33) dan Undang Undang Kecil Kerja Tanah (Wilayah Persekutuan Kuala Lumpur) 1988.

Medan Damansara – Damansara 21

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The Mayor of KL, Datuk Ahmad Fuad Ismail, together with Ikram and FT Ministry representatives met with Medan Damansara residents on Thurs 22nd October 2009.

The Mayor of KL, Datuk Ahmad Fuad Ismail, together with Ikram and FT Ministry representatives met with Medan Damansara residents on Thurs 22nd October 2009. The message to the residents appears to be that it’s up to the residents to submit a memorandum to DBKL if they do not wish to have the development.

It is curious that the Mayor had said “Something must be done without further delay. However, it is not easy for us to make a decision at this juncture as we do not want to be seen as siding with either the developer or the residents”. As the key person tasked to work for the welfare of the residents of KL, should he not have taken the side of the residents and not permit development until such firm regulations and ability of his officials to monitor, assure and enforce safe hillside development are in place?

DBKL do not appear to be concerned about how lives were put at risks due to failures in approvals given for developer to commenced development, nor were they interested in revealing how they will make the developer (and consultants) liable for inadequacies revealed in Ikram’s investigation into the landslide that affected 2 homes in August 2008.

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The Ikram consultant, En. Mohd Taufik Haron, went to great length to demonstrate how thorough Ikram had been in investigating the causes of failures.

The Ikram consultant, En. Mohd Taufik Haron, went to great length to demonstrate how thorough Ikram had been in investigating the causes of failures and the “stringent” standards they have demanded. The fact that it took 4 proposals before Ikram could be satisfied need not necessarily imply that the development will be safe. Perhaps it does more to demonstrate how developers and consultants are woefully incapable of providing safe proposals for hillside development.

In attempting to justify Ikram’s thoroughness in investigations, hill slopes were presented as inherently unsafe and comparison was made to how by development, the hill slopes would be made safer. Fortunately, the Medan Damansara residents were quick to rebut the over enthusiasm with a terse reminder that they were happily feeling save without any landslides affecting them for over 50 yrs and it took less than a year before development almost caused lives.

Damansara 21 development is 5.75 acres with almost 15% above 35 degrees gradient.

Will Bukit Gasing Proposed Development be approved on the same basis as Damansara 21?

GMSB’s proposed development covers 15.52 hectares (38.35 acres) with almost 50% of the slopes above 25 degrees gradient. In addition, there is a 23 million litre water reservoir adjacent to the proposed development with a 2 m diameter x 400m pipeline running along the boundary of the proposed development.

It took residents at Bukit Gasing 13 months to get a grant of leave for a Judicial Review by the High Court. Yet, DBKL and the developer are determined not to allow a public hearing to address our now amply justifiable concerns for safety. They have appealed against the grant of leave for Judicial Review.

DBKL and the developer’s appeal will be heard coming Monday, 9th November at the Court of Appeal in Putrajaya, commencing 9am.

When one considers the plight of residents of Medan Damansara and the performance of DBKL that lead to the disaster of landslide at Damansara 21. Can anyone be surprise at the measures taken by DBKL to avoid transparency?

1Malaysia Logo E

Our PM has called of a 1Malaysia, Performance Now, People First to his administration. I wonder what our refrain should be. Any suggestions? Could 1Devexxper, Performance no-nxxd, People lxxt be appropriate for DBKL?

Gary Yeoh

JAC for Bukit Gasing

From other blogs: Damansara 21 Stop Work Order Lifted: Developer Boleh Again

Sunday September 20, 2009 TheStar Online

KUALA LUMPUR: A car was partially buried in a minor landslide at Jalan Wangsa 7, Bukit Antarabangsa, near here.

The incident occurred around 5.30pm yesterday following heavy rainfall for the past few days in the area.

Ampang Jaya OCPD Asst Comm Abdul Jalil Hassan said no one was hurt in the incident but a few policemen had been placed in the area as a precautionary measure.

“The landslide is a small one and the soil has been cleared,” he said when contacted yesterday.

Bukit Antarabangsa had been hit by landslides previously, causing deaths and damages to properties.

The latest was in December last year when a landslide claimed five lives and damaged 14 houses.

http://thestar.com.my/news/story.asp?file=/2009/9/20/nation/4753858&sec=nation

Saturday September 19, 2009 TheStar Online

PETALING JAYA: Two guidelines on the implementation of government projects and the development of highland areas have been approved by the National Council for Local Government.

The Housing and Local Government Ministry said the Hillside and Highland Areas Development Planning guideline would coordinate two similar guidelines on hillside development.

“The guidelines will ensure the implementation of measures to ensure safety to lives and property, and the protection to the environment,” the housing ministry said.

It said state governments and local authorities should discuss the new guidelines with developers of projects that had been approved earlier but had not started yet.

The guidelines were approved during the 62nd council meeting in Putrajaya on Thursday, which was chaired by Deputy Prime Minister Tan Sri Muhyiddin Yassin.

A second guideline stated that approval for such projects would be managed by the Public Works Department (PWD).

http://thestar.com.my/news/story.asp?file=/2009/9/19/nation/4751008&sec=nation

First public dialogue on hillslope development

En.Kamar Mohd. of Save Bukit Gasing at the 1st public dialogue on hillslope development in Selangor

 

 

MalaysiaKini –  Sep 18, 09

The Selangor government has taken the first step towards tackling the landslide problem that has plagued the country’s hills for years by gathering concerned parties today for the first in a series of dialogues on how best to prevent them.

With the first in a series of dialogue on the proposed guidelines in the planning and implementation of hillslope developments, the Selangor state government hopes to study the effectiveness of the draft guideline in ensuring the safety of resident living in hill slope areas.

Around 300 participants including parliamentarians, state assemblymen, councillors, residents association and non-governmental organizations attended the dialogue hosted by the state’s town and country planning department.

The next round will be held after Hari Raya at areas where hillslope developments are rampant like Subang Jaya, Ampang Jaya, Kajang and Selayang.

In his keynote address, Selangor Menteri Besar Khalid Ibrahim said the draft is mainly focused on the safety of residents and protecting the environment.

To date there has been no proper guideline to monitor hillslope development, resulting in the loss of lives and property. So with an effective guideline the hope is that such tragedies can be avoided in the future, said Khalid.

Residents’ concern over enforcement

The draft among others proposed stricter criteria in determining buffer zones between hillslope and properties and the formation of a slope maintenance unit to monitor the development from the technical, management and financial aspects, according to the press statement released by the Selangor State Secretariat.

Several participants had expressed reservations over the enforcement and implementation aspects of the proposed guidelines as they involved collective effort on the part of local authorities, the developer and the residents themselves, it said.

“They cautioned the government not to lift its ban on Class 3 and 4 hill slope development until they are assured of effective implementation. Some also urged the state government should make the developers accountable in the event of any mishap,” the statement added.

Last month, Khalid had announced that the state government had drawn up new guidelines for hillslope development for implementation by the year-end in response to intense public pressure.

In a related development, the National Council for Local Government yesterday approved two guidelines on the implementation of government development projects and the development of highland areas during its 62nd Council meeting in Putrajaya.

The “Guideline for Hillside and Highland Areas Development Planning” is to “ensure safety of lives and property and the protection of the environment according to legal requirements”.

Chaired by Deputy Prime Minister Muhyiddin Yassin and attended by mentri besars, chief ministers and several Cabinet ministers, the council decided to make it compulsory for all new development projects at hillside areas to adhere to the new guidelines.

Read more here: http://malaysiakini.com/news/113236

More Photos…

News Article courtesy of Malaysiakini. Photos by Save Bukit Gasing.

 

 

 

 

TheStar Online

By LOH FOON FONG

KUALA LUMPUR: A newly-approved Guidelines for Hillside and Highland Areas Development Planning bans any development on slopes more than 35 degrees.

The Cabinet made the decision on Wednesday, said Housing and Local Government Minister Datuk Kong Cho Ha.

Development was also prohibited on slopes between 15 and 35 degrees displaying signs of erosion, land instability or laden with sensitive geological materials.

Under the no-development announcement, only infrastructure such as roads, tunnels, bridges, telecommunications and low intensity electricity infrastructure of national interest were allowed to be built on slopes more than 35 degrees — classified under Class IV in the guidelines. The guidelines were synchronised from the Ministry’s Guidelines on Hillside Development on Highland and the Natural Resources and Environment Ministry’s Guidelines on Highland Development.

There are four classes and four levels of height in the new guidelines, said Kong in a press conference.

For Class I — slopes would be less than 15 degrees; Class II — slopes 15 to 25 degrees, Class III — slopes 25 to 35 degrees and Class IV — slopes more than 35 degrees.

The four slopes would be divided into four levels of height — low land (below 150m); hill land (150-300m), highland (300-1,000m) and mountain (more than 1,000m).

“Each development project application must be accompanied by a technical report prepared by a registered engineer. The technical requirements have also been tightened further,” Kong said.

The ministry suggested for more comprehensive guidelines following the Bukit Antarabangsa landslide last year, he said.

“The guidelines would be implemented after a meeting is held with the National Council for Local Government, which would be soon,” he said.

Kong said the Cabinet also decided on Wednesday that it wanted to create an agency under the Works Ministry’s Slope Management Unit to monitor, coordinate and inspect, maintain and regulate development projects on slopes.

He said there were 236 projects between 25 degrees to 35 degrees that were frozen following the Bukit Antarabangsa landslide.

“Those that had begun work were allowed to go on, but projects that had not started would be left to the discretion of the local government.”

http://thestar.com.my/news/story.asp?file=/2009/8/14/nation/4517005&sec=nation

Our next hearing at the Court of Appeal is on Thursday, 6th August 2009 at 11am for case management. Thank you. 

Did we say seeking Justice in Malaysia is frustrating???….Our hearing is again postponed to 6th. August 2009. The time of the hearing has not been determined as of this posting. Will update once we receive more information.

Seeking Justice in Malaysia is frustrating….For those who are interested, our next hearing at the High Court KL is on Wednesday, 29th July at 2:30pm.  DBKL and the developer are appealing against the grant of leave for our Judicial Review. Expect more attempts to deny us our rights for fair hearing. However, we must not give in nor allow “sudden death” to frighten us to silence and inaction.

Many thanks and regards


Gary Yeoh

Saturday June 27, 2009 – TheStar Online

By LIM CHIA YING

MORE than six months have passed since the Bukit Antarabangsa landslide tragedy on Dec 6 last year that claimed five lives and destroyed 14 bungalows.

Tragic memories still haunt the families who lost their loved ones in the damage inflicted by the landslide and some still have nightmares as they recall the tragic events that happened in the wee hours of the morning.

The authorities and politicians came down to show their sympathy and made repeated promises that the case would be investigated, a report would be submitted, and that future incidents would not happen.

However, what has actually come out of the incident so far or has it been forgotten?

 

 

 

Still in progress: The slope repair and rehabilitation works ongoing at the site of the landslide.

Still in progress: The slope repair and rehabilitation works ongoing at the site of the landslide.

 

 

 

StarMetro recently revisited the site at Jalan Bukit Antarabangsa where a row of elegant bungalows once stood and spoke to victims who were directly affected by the tragedy.

Resident Ungku Farid Ungku Abd Rahman, who had lived in Bukit Antarabangsa for 15 years since moving in in 1993, said he lost everything when the landslide struck.

“Our home was moved nearly 200m from where it originally stood, which proves how massive the impact was,” Ungku Farid, 55, said when we visited his new house that he now occupies with his family in Ukay Bistari.

“Fortunately for me, I was immediately able to find a home to stay in as this place was originally intended for a kindergarten which my partners and I had planned for.

“As you can see, all our belongings are still in a mess as we hadn’t got around to unpacking and we don’t know if this would be our permanent home,” he said.

However, Ungku Farid lost his maid who had been working for only four months with his family, in the disaster.

 

Sad memories: Ungku Farid showing the trail of destruction from the landslide tragedy on his laptop as Rohana looks on.

Sad memories: Ungku Farid showing the trail of destruction from the landslide tragedy on his laptop as Rohana looks on.

 

 

“Our home was completely destroyed; even our cars, and we could not make an insurance claim as it was considered a natural disaster.

“My wife is still in a state of shock. She wakes up in the middle of the night sometimes and still remembers the incident vividly,” he said.

Ungku Farid’s wife Rohana Mahmood, 54, said they were awoken by a loud sound and, before they knew it, the bed was moving and everything else was shifting.

“Our door was blocked by the beam that fell down but luckily we were still able to climb out,” she said.

Fortunately, two of their three children, were unharmed in the disaster, while their mother and a visiting aunt were saved by the firemen. Their third child was overseas at the time of the incident.

“We do sometimes go back to see the site where slope repair works are being carried out,” she said.

Ungku Farid said they were still awaiting the report from the Public Works Department (JKR) which was promised to be revealed to the people three months after the landslide.

“To date, we have not received the report. Victims like us are suffering in silence in the meantime.

“We are helpless yet who can we blame?” he asked.

He said that there were three rows of abandoned houses behind their homes that were perched on the hillslope, and claimed that the middle row had tumbled down and were buried long before he purchased the bungalow.

Rohana said they had never expected such a disaster when they first moved in since their bungalows and their neighbours’ were built on flat land, while the hill behind was quite a distance away.

Asked if they would ever move back to the disaster site, she said they would have to really consider if it was safe.

Another victim Datuk Shaharuddin Adnan, 62, lost his only son in the landslide.

Wife Datin Jamilah Mohd Kassim said they only had two children, and her world had come crashing down when her son died.

“It’s a tragedy that we can never forget. My son was especially close to me since my daughter is overseas most of the time. He used to accompany me everywhere I went, but he’s gone now,” Jamilah, 59, said between tears and sobs.

On that fateful day, Jamilah said she heard a loud noise and her house shook before the roof tiles started falling down.

“Our home was covered with soil and it was a complete blackout. We were sleeping on the top floor which was not filled with sand so we managed to get out.

“However, my son who was sleeping downstairs was trapped in the rubble,” said Jamilah as Shaharuddin showed a photo of their son, Shaiful Khas Shaharuddin, a 20-year-old college student.

She said they had sold everything off to invest a nice home in the area but now are left with nothing.

Shaharuddin said that being retirees, they also could not secure loans to purchase a new home even if they wanted to.

“Since we are staying with relatives, we are forced to move from one house to another since they have their own families as well. Sometimes, it makes us feel desperate.

“Moreover, we cannot be relying on other people forever,” Jamilah said.

The place is full of memories, and like Ungku Farid, Jamilah said they would go back if the site was really safe. “During the disaster, the firemen told me that the whole area was a water catchment site.

“In this case, the regulators, who are the politicians in power, had failed to determine if our homes were really safe to be built there. Greed and a lack of ethics prevailed over common sense,” Ungku Farid said.

Stemming from that landslide, the Coalition of Bukit Antarabangsa Residents Association (CoBARA) had last month launched its Community SlopeWatch programme to empower the residents in monitoring slopes within their neighbourhood and reporting any signs of slope failure.

Chairman Shahrul Hafiz Teh Abdullah had said the tragedy was a lesson to be learnt from and the coalition wanted to take a more proactive approach by encouraging members to be alert and watchful for signs of slope failure.

For those who were affected by the tragedy, they can only hope for answers from the authorities, which until now, have not been forthcoming.

http://thestar.com.my/metro/story.asp?file=/2009/6/27/central/4159337&sec=central