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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.
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
The Star Metro – Monday April 27, 2009
By YIP YOKE TENG
RESIDENTS of Bukit Gasing are delighted that the High Court has granted them leave to proceed with an application to nullify the development order on a Bukit Gasing project issued on Oct 2, 2007 by the then Kuala Lumpur mayor Ruslin Hassan.
The application for leave was filed by residents and the Joint Action Committee of Bukit Gasing (JACBG) in an effort to seek a public hearing on the said development.
The next hearing has been set for May 27.
“We clearly believe that our call for justice has been heard by the judge,” said JACBG committee member Gary Yeoh.
“We demand from the City Hall our right to be heard, especially after the tragedies at Bukit Antarabangsa, Bukit Ceylon and Jalan Semantan. We are talking about 890 units in three condominium blocks, a 23million-litre reservoir and Bukit Gasing that has a history of being geologically unstable,” he added.
Another resident Kamar Mohamed urged the Kuala Lumpur City Hall (DBKL) and new mayor Datuk Ahmad Fuad Ismail to act in accordance with the Prime Minister’s call of “people first” and “performance now”.
“We hope they won’t waste any more of the court’s time and show us transparency in approving and executing projects,” he said.
Lawyer R. Sivarasa, who represented the residents, said the judge had ruled that the case was not vexatious and had therefore given the green light.
“Justice Lau Bee Lan sees this as a serious issue that needs to be debated, agreeing that we have a point and the residents deserve to be heard,” he said.
He said the issue to be raised at the next hearing would be whether residents in Kuala Lumpur had the right to be heard when a development project took place near their houses.
According to him, the local authority had denied the request for a public hearing based on the Federal Territory Planning Act 1982, which stipulated that such action was not required when the development did not involve change of land use and density.
“However, the rest of the country has the right to do so as stated in the Town and Country Planning Act 1976 (Amendment) 2001, regardless of the change of land use or density,” he said.
In a press statement, the developer, Gasing Meridien Sdn Bhd (GMSB), said it was concerned that Justice Lau “had left opened a matter of whether the complainant had legal interest to apply for a judicial review of the development order”, adding that it would work with its counsel to make additional presentations at the next hearing.
It reiterated that all approvals, including the Development Order, Hoarding Permit and Earthworks Permit, had been obtained and that the project had been reviewed by the Sensitivity Committee of the Federal Territories Ministry, which comprised 13 agencies (including the Malaysian Public Works Institute (Ikram), Selangor Department of Environment (JAS), Mineral and Geosciences Department (JMG), Drainage and Irrigation Department (JPS) and JKR Cerun).
“Our development is not part of the forest reserve. Our land has been privately titled with the express land use condition of ‘Bangunan’ since 1977 (well before any of the complainants came to live in the area). We highlight that there has been no change in use or density,” the statement reads.
“The geology of the area is safe and sturdy. For almost two decades, it has sustained not just many bungalows but even condominiums weighing over 64,000 tonnes each.
“We highlight that in comparison the load per bungalow is less than 180 tonnes each.”
http://thestar.com.my/metro/story.asp?file=/2009/4/27/central/3770241&sec=central
Today, 24th Friday 2009, the High Court granted leave for the Judicial Review filed by concerned residents against the proposed development at Bukit Gasing.
Thirteen (13) months ago, High Court judge Mdm Lau Bee Lan granted an ex-parte leave for a Judicial Review, filed by 108 applicants, to declare DBKL’s decision not to grant a public hearing on the proposed development by Gasing Meridian Sdn. Bhd. (GMSB) that is on the steep hill slopes of Bukit Gasing. Finally, after 12 visits to the High Court, the residents are relieved to have the High Court again grant leave for the Judicial Review despite strident and arrogant opposition by both DBKL and GMSB.
Whilst it is not a victory, this decision is another significant step towards residents’ fears of a “Highland Towers” or “Bukit Antarabangsa” like disaster upon them, being heard in a responsible and transparent manner. Since, the catastrophic landslide at Bukit Antarabangsa in December 2008 and despite outcries against development on hillside development, DBKL has remained uncaring about concerns of residents at Bukit Gasing or that a time bomb could have been planted by their approval of the proposed development. They have in effect continued to put forward that our concerns and fears are unreasonable and that they have the expertise to make developments safe. If Damansara 21 and Amanah Raya retaining walls collapses last year were examples, the reliability of DBKL ability to monitor and ensure safe hillside and hill slope developments is clearly lacking. The manner DBKL had given 3 approvals to facilitate GMSB’s plans for Sanctuary Gasing (the name of proposed development on the steep hill slopes of Bukit Gasing) should give cause for concern.
In granting leave, Judge Mdm Lau acknowledged that there is at least a cause to consider if DBKL had acted correctly, in not taking into account the Town and Country Planning Act – Amendment 2001, that came into effect in March 2002. This amendment to the Town and Country Planning Act in effect brings Federal Territories (i.e. DBKL) into having to abide by Town and Country Planning Act as with all other planning authorities in Malaysia. DBKL’s ability to ignore public concerns and act without care for proper planning approval processes will become history.
As residents living next to the proposed development in Bukit Gasing, as much as we welcome the granting of leave for the Judicial Review, we are concerned at the attitude of DBKL to the public they are meant to serve. We wonder if DBKL will consider it to be covered by the demand by our new Prime Minister’s call for People First, Performance Now, vision. Can we expect the new Federal Territory Minister and Mayor of Kuala Lumpur to concede that approvals given by DBKL for developments in Bukit Gasing, Medan Damansara, Bukit Ceylon and other hillside/steep hill slope developments do not meet the new vision required by our new Prime Minister?
To our supporters and residents, today’s decision by the High Court demonstrates that our fight against DBKL is not “a bridge too far”. It may take time and focus. We can win this war against unsustainable and unsafe development at Bukit Gasing.
To others faced with similar plight, we hope that the progress we have made gives you cause to hope and continue your opposition against wanton destruction of our environment and risks to your safety.
Gary Yeoh
JAC for Bukit Gasing
High Court has again called our solicitors this morning to advice that the hearing that was supposed to be for this afternoon (Monday, 13th April 2009) will be postponed again!
The High Court is now scheduled to announce its decision on leave to proceed with our Judicial Review against DBKL on Friday, 24th April 2009 at 2:45pm
This is the fourth postponement by the High Court. Please let us all be patient. Whatever our frustrations are, we should continue to keep faith that Justice will prevail.
Barring a further postponements, I hope those monitoring this blog will plan to be at the High Court for the long awaited announcement that Justice, Transparency and People First will be the High Court’s decision.
JAC for Bukit Gasing
The Star Online
By ZALINAH NOORDIN
PETALING JAYA: Restructuring efforts of the water services industry in Selangor should not be a money-making process, said Bar Council vice-president Ragunath Kesavan.
Instead, the State Government and the Federal Government should seek ways to resolve the matter in the best interest of the public. He was referring to the 37percent tariff hike should the issue not be settled before March 31.
“Both parties must sit down and discuss this, as the most important thing is whether they can provide the best service at the best cost,” he said.
Kesavan said that the public should be involved in the whole process. He added that when the industry was privatised, there was no proper tender system and this had led to the current disarray.
“The Federal Government, not the State Government, should have led the negotiations for the re-nationalisation of the water assets from the start.
“This is how it’s done in most other states that have embarked on this venture, like Malacca and Negri Sembilan,” he said.
The current situation leaves either consumers burdened with a higher water bill in such difficult times or the State Government pays some RM38mil a month to compensate the concessionaires, he said.
The four concessionaires; Syarikat Bekalan Air Selangor (Syabas), Puncak Niaga (M) Sdn Bhd, Syarikan Pengeluar Air Selangor Sdn Bhd and Konsortium ABBAS Sdn Bhd also have different takes on the matter.
The first three companies had rejected the state’s offer of RM4.6bil for all the water assets owned by them citing it was too low an offer.
Meanwhile, PJ Utara MP Tony Pua, who is also a member of Selangor’s Water Review Panel, shared the same view on the general unawareness of the public in Selangor regarding the water issue.
“They should be made aware of the situation and they too should take note as it will affect them should there be an increase in their bills,” he said.
He added that the review panel would hold more briefing sessions in various areas of Selangor to disseminate information on the issue.
“Their opinions should also be accounted for as they are the ones who will have to live with the changes,” added Pua.
According to him, by the end of 2013, water tariffs in Selangor could be decreased as much as 25% if the state took over the water industry.
Not only would the 20 cubic metres of free water remain but there would be a 10% decrease in tariff this year.
This would be followed by a 20% decrease in the second term in 2011, and a further 25% decrease during the third term in 2013.
“Look at Penang. We should really emulate them as it has one of the lowest water rates in the country and the State Government is running the show,” he said.
Pua said that the Federal Government’s offer to buy over all the water assets from the four water concessionaires in Selangor shows that they only have sympathy for the concessionaires and not the Selangor people.
“Of course their reason would be that the companies have invested billions of ringgit in providing water supply in Selangor and not doing well but what about people having to pay more?” claimed Pua.
http://thestar.com.my/news/story.asp?file=/2009/3/1/nation/20090301162152&sec=nation
NHBA General Secretary see Works Minister’s green light to hillside development as a preposterous suggestion in The Star.
Wednesday February 18, 2009
Foolhardy to forge on with hillside development
WE refer to “Furore over lifting of hillside ban” (The Star, Feb 16).
The announcement by that Minister of Works that the “green light’ had been given for hillside development carries an innuendo that there is a shortage of land for the increasing population and that the cutting of hills to build houses is inevitable.
This is a preposterous suggestion. The recent Bukit Antarabangsa tragedy seems to have been forgotten within a very short period.
Let’s not compare ourselves with developed countries with beautiful hillside homes to show off. In our tropical environment with heavy monsoonal rainfall, we believe the situation is greatly different from temperate countries.
Hillside development requires special legislation to set stringent conditions for the cutting of hills. It demands professional integrity, honesty and a high standard of policing and enforcement. All these elements are not the natural trait of the majority of Malaysians, especially in situations where money is involved.
It is common knowledge that the enforcement capability of Malaysian law enforcement agencies is questionable in many instances. Hence, we contend that to allow a situation that critically requires all these elements is indeed a foolhardy undertaking which will lead to a dangerous situation.
Another worrisome aspect on hillside development is that the disastrous effects of any breach of the required precautionary measures may not necessarily affect that particular property but those located downstream of the defaulting lot.
On a different note, we laud the Selangor state government for being steadfast in its ban on hillside development, despite the intense lobbying and threats by vested interested parties.
CHANG KIM LOONG,
Honorary Secretary-General,
National House Buyers Association.
http://thestar.com.my/news/story.asp?file=/2009/2/18/focus/3286679&sec=focus
Relax folks, this is not of the Medan Damansara fame. But its close neighbour, this time, to two huge reservoirs. Just like we have in the Gasing Hills. Interestingly Derek Fernandez quipped at last Saturday’s anti-hill slope development gathering at the playground in Jalan Setiapuspa, that twice he said a landslides would occur and twice in a row it happened almost immediately. Looking at the steep denuded Medan Damansara hill, he added “there will be more!” The oracle of Delphi couldn’t have been any more impressive!
Ashok M
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Landslip causes panic in Bukit Damansara
NST – Local News, Monday December 15, 2008
http://www.nst.com.my/Current_News/NST/Monday/National/2428474/Article/index_html
KUALA LUMPUR: Residents of Lorong Setiabistari in Bukit Damansara are living in fear of a landslide disaster, after a landslip occurred near the slope opposite their row of houses yesterday evening. The slope, which gave way from an estimated height of 20m, was several metres short of hitting the ground.
On top of the slope, two water reservoirs are sitting precariously, and any soil movement can rock them, causing thousands of gallons of water to flood the residential area.
City’s Fire and Rescue Department commander of operations Azizan Ismail said they received a distress call at 5.05pm and a fire engine from the Sri Hartamas station was rushed to scene.
“We have evaluated the extent of the landslip and have called in the authorities to check on the soil stability and movement. “For now, the situation is stable, but we are on standby for further signs,” he said, adding that a thorough investigation would be carried out today.
Several officers from the Public Works Department, City Hall and Malaysian Public Works Institute were also at the scene.
A resident, K. Jeyasekara, 31, said similar landslip had occurred five years ago, but it was a couple of metres away from yesterday’s spot. A retaining wall was later built.
“The retaining wall only covered the affected area. It should have covered the whole stretch, then this would not have happened.”
Another resident, who only wanted to be known as Steve, agreed, adding that his main concern was the reservoirs.
“A disaster is just waiting to happen with the reservoirs teetering on the edge of the slope.
“If the earth gives way or there is some movement, imagine what will happen,” he said.
Meanwhile, Brickfields police chief ACP Wan Abdul Bari Wan Abdul Khalid, who visited the scene, said police were monitoring the situation and the residents would be evacuated if needed.
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More…
Malay Mail By G. Prakash December 15, 2008
http://www.mmail.com.my/Bkt_Damansara_on_edge.aspx
Bkt Damansara on edge
A land slip at Bukit Damansara yesterday evening raised concern among residents in the area, the technical staff from the Public Works Department (PWD), firemen and the police, what with the Bukit Antarabangsa landslide tragedy still fresh in everyone’s minds….
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