metro@thestar.com.my 

A GROUP of owners and residents have filed for a judicial review by the High Court to compel the Kuala Lumpur City Hall (DBKL) to hold a public hearing on a proposed development at the KL side of Bukit Gasing. 

The application was filed on Feb 11 by 108 property owners from Maxwell Towers, Cameron Towers, Frasers Towers and Gasing Indah, all of whom live in the neighbourhood of the proposed development. 

Joint Action Committee for Bukit Gasing (JACBG) committee member Gary Yeoh said concerned owners and residents have had a series of meetings and submitted petitions to DBKL, but DBKL sent a letter on Dec 31, 2007 refusing to grant a public hearing. 

Yeoh (pic, below): ‘We don’t want a tragedy like the Highland Towers incident to happen again anywhere near Bukit Gasing’’

“At a meeting on Jan 26, the concerned owners and residents unanimously supported legal action against DBKL to defend our right not to live in fear of landslides.  

“We are fighting for fear of our lives and property. We don’t want a tragedy like the Highland Towers incident to happen again,” said Yeoh. 

He said that DBKL has not responded to their repeated requests for the development’s technical reports and plans, and residents are questioning whether DBKL has taken the right steps and right checks. 

“The proposed development by Gasing Meridian Sdn Bhd is to develop 71 bungalows on a 38-acre site,” said JACBG committee member Victor Oorjitham during a meeting to update residents on its campaign against the development. 

“It affects over 860 condo units, a water reservoir and a 60m pipeline that feeds the residents here. 

“The hill’s soil structure consists of sandstone and shale, and is unsuitable for any type of development. Once the soil starts moving, it can’t stop and this could lead to a landslide.” 

“We would rather talk than go to war. We have no option but to resort to legal action due to DBKL’s reluctance to be transparent and their lack of interest in addressing our safety fears,” said Yeoh. 

He said the group’s application for judicial review requested the High Court to rule, among other things: 

·DBKL had acted contrary to the intent of Parliament enshrined in the Federal Territory (Planning) Act 1982 (Act 267), requiring local plan/s for KL that would have given the affected owners the right to be heard in respect to the proposed development 

·Although DBKL had gazetted the Kuala Lumpur Structure Plan 2020 (KLSP) in 2004, it had failed to prepare draft local plans for the area as required by the Federal Territory Planning Act 

·DBKL had not acted in accordance with many policy prescriptions in the gazetted KLSP that has the force of the law, as well as the principle and philosophy of Local Agenda 21, requiring partnership between DBKL and the public they serve within the context of sustainability  

“The court case hearing is on March 17,’’ said Yeoh. 

“We’re targeting to raise RM150,000 for legal fees and we have managed to raise more than a third so far,” said Yeoh. 

“We’re still seeking the financial support, as well as the public’s support and commitment to get DBKL to hold the public hearing.” 

For details, contact 019-480 8732/ 016-314 7334 or garykwyeoh@hotmail.com

http://thestar.com.my/metro/story.asp?file=/2008/2/18/central/20358612&sec=central

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