You are currently browsing the tag archive for the ‘Bukit Gasing assemblyman Rajiv Rishyakaran’ tag.

BY MAYURI MEI LIN

PETALING JAYA, March 15 A Bukit Gasing property developer insists that it is entirely within their rights to claim damages from a group of residents who sought a judicial review over a residential development.

Gasing Meridian Sdn Bhd (GMSB) said that it was the judiciary’s decision to award them damages and that as respondents in the lawsuit, they were merely following the letter of the law.

“The courts found that we were entitled to damages. The judicial system is in place for order and justice. It is for the residents to take this matter before the court if they claim that the courts’ decision serves otherwise,” GMSB marketing director Leo Tan told Malay Mail Online in an interview earlier this month.

“Our representative stood up in court, in open court, and said, ‘We reserve the right to damages.’ And they didn’t object to that. So okay, if you don’t object, then we proceed along those lines,” he said, referring to the 103 Bukit Gasing residents who initiated the lawsuit.

Residents in the area have condemned the decision to award the developer damages, saying that this will stifle their freedom of speech and discourage others from having their opinions heard through public forums.

Civil liberties lawyer Syahredzan Johan and Bukit Gasing assemblyman Rajiv Rishyakaran echoed the same sentiment that the residents should not be financially penalised.

The Bukit Gasing residents’ challenge against the developer dates back to 2008, when the group filed for a judicial review to compel the Kuala Lumpur City Hall (DBKL) to hold a public hearing over its decision to grant a development order to Gasing Meridian for a hillside project in 2007.

They claimed DBKL did not provide adequate notice of the development or hold the required public hearings before it granted the order.

The application was rejected by the High Court and was appealed all the way to the Federal Court in 2013, where it was also ultimately dismissed.

The apex court added a twist to the case when the judges deemed it fit to award RM10,000 in costs to both DBKL and Gasing Meridian as well as undetermined damages to the latter, which it sent back for the High Court to decide.

Following another round of appeals against the order for damages, the matter is now back before the Federal Court once more.

Tan said he was unsure about the amount GMSB will claim from the group of residents as that was a decision for the judges.

“I don’t know, it’s for the courts to decide. We have submitted figures to do with our costs, various other items,” he said.

Tan also defended GSMB’s joining the case as a second respondent citing their right to defend themselves, as they were commercially invested in the case.

“What I understand of the case is when the residents took up the case against DBKL, they asked DBKL to stop proceedings on only one project – our project.

“So essentially, it’s almost akin to having an injunction on us as an individual entity. So we had to intervene. As our legal advisor said, ‘It’s about you and if you don’t intervene then you lose all right to say anything,’” Tan said.

GMSB is the developer behind Sanctuary Ridge, a property development in Bukit Gasing with 70 luxury bungalow lots for sale with prices starting in the millions….

http://www.themalaymailonline.com/malaysia/article/we-have-a-right-to-claim-damages-developer-tells-bukit-gasing-residents

 

 

According to civil liberties lawyer Syahredzan Johan, the developer’s claim will set a precedent that will make it onerous for private individuals who turn to the courts after exhausting other official avenues to challenge public decisions. ― File pic

According to civil liberties lawyer Syahredzan Johan, the developer’s claim will set a precedent that will make it onerous for private individuals who turn to the courts after exhausting other official avenues to challenge public decisions. ― File pic

BY MAYURI MEI LINLIN

KUALA LUMPUR, March 13 — A developer is pursuing a group of Bukit Gasing residents over a judicial review they sought over its project, claiming damages in an extraordinary move observers fear will intimidate private citizens from objecting against government agencies.

Although Gasing Meridian Sdn Bhd is now free to conduct its development after defeating the judicial review filed against it and the Kuala Lumpur City Hall (DBKL), it is adamant on claiming damages from the 103 residents who sought to block the hillside project in their neighbourhood here.

According to civil liberties lawyer Syahredzan Johan, the developer’s claim will set a precedent that will make it onerous for private individuals who turn to the courts after exhausting other official avenues to challenge public decisions.

“I am personally very concerned if the developer is allowed to claim damages against the residents from the judicial review application.

“This is a matter within the realm of public interest and the fear is that if the developer succeeds in its application this would discourage concerned citizens from seeking redress with the courts in the future,” he told Malay Mail Online.

The Bukit Gasing residents’ challenge against the developer dates back to 2008, when the group filed for a judicial review to compel DBKL to hold a public hearing over its decision to grant a development order to Gasing Meridian for a hillside project in 2007.

They claimed DBKL did not provide adequate notice of the development or hold a public hearing before it granted the order.

The application was rejected by the High Court and was appealed all the way to the Federal Court in 2013, where it was also ultimately dismissed.

The apex court added a twist to the case when the judges deemed fit to award RM10,000 in costs to both DBKL and Gasing Meridian as well as undetermined damages to the latter, which it sent back for the High Court to decide.

Following another round of appeals against the order for damages, the matter is now back before the Federal Court once more.

“Public hearing is an avenue for the public to actually have their concerns aired and for responses to be made to those concerns,” Bukit Gasing resident Ashok Menon told Malay Mail Online.

“By saying that you can end up having to pay damages for that, that’s like muscling up everyone. That’s what happens in a dictatorship,” Ashok said, adding that it was unclear why the developer was awarded damages.

Bukit Gasing assemblyman Rajiv Rishyakaran echoed both men’s concerns, adding that the dispute had been between the residents and DBKL, rather than business-related.

“I feel it’s not right. Just because a group of residents file a judicial review, a third party such as the developer should not be taking legal action to financially penalise the residents, who were bringing up a matter of public interest, and not commercial in nature.”

Not all are against the Federal Court’s decision to allow Gasing Meridian a claim to damages from the residents. Property lawyer Chris Tan explained that such a move would help to prevent the public from pursuing frivolous action against corporations.

He also disagreed that the particular case would set a precedent that would make it burdensome for private individuals with valid complaints to seek legal action against government entities.

“The precedent is not set to aim at the parties asking for public hearing for them to pay for damages, but to prevent the public from being against others without proper grounds, and facts of the case vary from each other,” he explained.

“Any successful party is entitled to damages… provided they can prove the same to the presiding judge. Therefore it is fair in that sense,” Tan said.

The Federal Court was initially scheduled to hear the residents’ appeal against the order for damages, but the case has since been postponed to June 29.

 

http://www.themalaymailonline.com/malaysia/article/observers-fear-repression-if-bukit-gasing-folk-get-financial-penalty-for-wa

 

2013-10-21 08.31.16

THE Petaling Jaya City Council may have to spend RM50mil to strengthen several hillslopes in Bukit Gasing if the individual landowners fail to fulfil their responsibility.

Councillor Derek Fernandez pointed out the owners were legally responsible to ensure their land was well maintained.

“There are about 37 plots of land here.

“The state should seize the land of irresponsible owners if they fail to look after the slopes on their properties,” he said during a visit to Jalan 5/64 in Section 5, Petaling Jaya.

MBPJ has appointed contractors to strengthen two hill slopes in Jalan 5/64 and Jalan 5/66 following several landslides and soil erosion in the areas.

It is estimated that the works will cost RM4.5mil and RM8mil respectively.

The hill strengthening work in Jalan 5/64 will be completed by June next year.

For safety of residents: MBPJ has embarked on hill strengthening works in Jalan 5/64. The project should be completed within eight months.

Meanwhile, the council has banned all major development, termed Class Three and Four, in the neighbourhood to prevent further soil erosion and landslides.

A landslide on May 5 in Jalan 5/64 uprooted trees, damaged several cars and cut off access to the area.

Bukit Gasing assemblyman Rajiv Rishyakaran commended the council for the pro-active measures taken.

He said he would raise at state-level the issue of seizing the privately-owned land.

“MBPJ should not have to strengthen these hillslopes using public funds.

“However, it is necessary to ensure the safety of those living and visiting the Bukit Gasing recreational area,” he said.

The poor hillslope condition has also resulted in clogged drains.

The hill strengthening works in Jalan 5/64 uses the “soil nailing” technique over 2,300sqm of land.

http://www.starproperty.my/index.php/articles/property-news/slope-responsibility-of-bukit-gasing-landowners/

%d bloggers like this: