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A small group of TGI’s KL Residents & Maxwell Tower met up today & decision made to PROTEST on DBKL’s new proposal to increase the density of the “now” proposed 149 units villa hill-slope development fr 9 to 19 people per acre:
-safety of the hill-slope (landslides occurances)
– higher density (higher volume of traffic) on all roads leading to & from the development area.
NOTE: All or Any residents staying 200M from the development HAS THE RIGHT to protest. Its just a protest & would not have any judicial relevance in order for DBKL to call for a Public Hearing to address the matter accordingly!
We do need residents’ signatures (in numbers) & I do trust ALL residents will protest together.
Updated: Monday March 30, 2015 MYT 7:25:53 AM
Keeping nature at bay: Slope-strengthening works being carried out at a construction site in Bukit Gasing. — filepic
BUKIT GASING residents are questioning several proposed housing projects in the area from a safety point as well as issues such as access and sewerage links to the main channels.
One of the main reasons for the worry is that huge landslides had occurred in the area over the past few years.
It is also learned that the Petaling Jaya City Council’s (MBPJ) One-Stop Centre Committee had rejected one or two of the projects due to not conforming to the law and planning requirements.
Aside from the steep slopes involved in the proposed developments, former city councillor Derek Fernandez agreed that they were in an area of Bukit Gasing which had already seen landslides.
“Despite the building approvals and professionals involved, some of the landslides have already cost the ratepayer millions of ringgit to repair, and millions more required for slope protection measures,” Fernandez stated.
Safety was also on the mind of Gasing Indah Residents Association chairman Alfred Chuah.
“When we look at the slope, we are not entirely convinced it will be safe despite technical assurances, as some the slopes are very steep and landslides have already occurred in the area,” said Chuah.
Section 5 Residents Association chairman Mohamed Rafiq Fazal Din recalled at least four, one in the Bukit Gasing Sivan temple, two on the hill’s hiking trail, and a minor case recently in the new council carpark.
For residents living in Gasing Indah, the issue of access is also an issue, as Chuah said that currently Jalan 5/69 and other residential roads in the housing area were used as access for nearby condominiums.
The same road would have been further used as another entry by one of the proposed projects as Jalan 5/69 was not meant to serve an additional 19 houses that were not originally planned for, added Fernandez.
The issue of land title validity was also raised by Fernandez, who recalled a meeting in the mid-90s where he and other Bukit Gasing residents had objected to a different developer’s proposal for the same land.
“At the public hearing chaired by then-municipal council president Datuk Mohd Nor Bador, resident leader Syed Jalal Abdullah had stated they were improperly issued, and the proposal was not approved,” he said.
The briefing for the three proposed developments, and the presentation for a geotechnical study on Bukit Gasing, was originally set for March 24, but pushed to tomorrow.
“We were not told of the meeting until a resident, a former councillor, informed us at the last minute,” said Chuah.
March 29, 2015
When I was a councillor , I remember the OSC previously rejected these projects mainly as they at that time did not comply with the law and planning requirements. Apart from the steep slopes involved, these projects are in an area of Bukit Gasing with huge landslides. Some despite building approvals and professionals involved which has already cost the ratepayer millions of Ringgit to repair with millions more required for slope protection measures.
In one of the projects the proposed use of Jalan 5/69 as access to this proposed development is unacceptable as the road was not meant to serve an additional 19 units that were never in the original layout plan for the area. Worse still the poor residents have been burdened by Cameron Tower using these small internal roads as an access when this was supposed only to be a temporary measure with the correct access coming through Fraser tower.
Furthermore any gated development involving the development of more than one lot must provide public amenities outside the development but none has been proposed to be provided.
We also previously were of the view that the area is a high risk hillside area with schools and houses below and that the risk is unacceptable with no long term proposal for maintenance of slope infrastructure being proposed. The risk of floods and surface run off is high.
Next there is an issue as to the validity of the titles to the land as issued previously under the old administration. Many years ago around 1994 to 1995, PJ residents had objected to another development on the same land by a different developer on the grounds the titles were unlawfully issued. At the public hearing chaired by the then YDP of MPPJ Datuk Mat Noor Badoor, a resident leader Tuan Syed Jalal Abdullah had stated the titles were improperly issued and the meeting after being shown why, said they will not approve the project. That was a long time ago and I expect that the residents now will also raise similar issues if its the same land.
In my opinion, PJ residents are sick and tired of their small internal roads being used as access for someone else project when that project was never part of the earlier approved layout for the area. This is happening all over PJ to cater for other peoples profits at the expense of existing residents and their families. I trust the Government will study all these matters properly before arriving at any decision as this involves serious matters of public safety and residents peace of mind, and enjoyment of their property.
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….
12 October 2013
ALL IS NOT WELL: A small portion of the concrete embankment placed on the road has also caved in
Workers clearing trees and bushes from the slope where a mudslide occurred in Bukit Gasing.
Pic by Rosela Ismail
PETALING JAYA: A MUDFLOW gushing down Jalan 5/64 during heavy rain on Thursday evening has residents living around here on Bukit Gasing in jitters over what brought it on.
Residents say the mudflow was a sign that all was not well with the slope where an incomplete structure stands.
Streets was tipped off on the mudflow based on a photo sent by a resident living on the road.
A check yesterday, however, showed that the mudflow had been cleaned off the roads. However the slope on which the structure stood, looked precarious.
The structure is a massive concrete landing perched more than 6m above the road.
The landing, which was directly linked to a bungalow next to it, was held up by many pillars.
A few of the pillars had also become partially exposed.
A small portion of the concrete embankment on the road had also caved in.
The tarpaulin sheets on the slope that stretched about 100 metres were partly tattered.
During our check yesterday, we saw a number of workers clearing trees and bushes from the slope where the slide occurred.
Some were also chopping off trees which grew at odd angles on the slope.
At press time, Streets was unable to ascertain whether the workers were engaged by the council or the private contractor. The council was also unavailable for comment.
Bukit Gasing assemblyman R. Rajiv called for the council to remedy the situation fast by working on strengthening the slope.
He however reserved further comment until the council released a statement on the technical aspects of Gasing Hill’s safety as well as measures taken to curb landslides.
FIFTY plots of vacant bungalow land in Bukit Gasing will be seized under the National Land Code 1965 (NLC 1965) and gazetted as a forest reserve following multiple landslips.
Petaling Jaya City Council (MBPJ), following expert advice from geotechnical, civil and structural consultants, will prepare a detailed report on the vacant land that has been classified as Class 4, (slopes with a 25 and 35 degree gradient) and a possible hazard, built or left idle.
Mayor Datin Paduka Alinah Ahmad said the council would propose to the Selangor Economic Action Council that the vacant plots with steep slopes be acquired under the NLC to address safety concerns due to extreme soil erosion.
“MBPJ will inform owners that their plots will be seized due to public interest. Since it has been classified as Class 4, the land cannot be occupied and no development will be allowed.
“The NLC has provisions allowing the state government to seize neglected land,” said Alinah.
The NLC, together with the Land Acquisition Act (LAA) 1960, empower the respective state governments to acquire private landed properties without having to get consent or agreement from its owners.
This is stated in Section 3 of the LAA 1960.
The move by MBPJ is a blow to market speculators and landowners who had hoped land value would increase manifold due to shortage of land in Petaling Jaya.
In April 2008, the Selangor government banned new developments involving Class 3 and Class 4.
Alinah said the landslips had occurred at 20 different sites near Bukit Gasing and said this could be due to development works in Bukit Gasing as well as downpours that triggered the landslips.
“MBPJ is left with not much option but to take drastic action. Based on the soil erosion, the plots affected are off Jalan 5/60, Jalan 5/64 and Jalan 5/66,” said Alinah.
She added that the council had engaged soil experts to ascertain erosion-prone areas which are dangerous.
“We have informed the residents of Fraser Towers not to park their cars at the foot of the slopes. Recently, a boulder rolled down and hit a parked car while in another incident, mud and vegetation rolled down the slope and hit a car being driven along Jalan 5/60.
“Inspection by geotechnical engineers, who can recognise impending slope failure, is being carried out. As an immediate short-term measure, a gabion wall is being built. This is a better option than nail piling.
“Contractors have also started to prune some of the trees on the slope, remove mud that was washed down close to the pavement as well as widen the drain along Jalan 5/60 from a V-shape to a U-shape,” she said.
Alinah added that the landslip close to Fraser Towers was due to a defective scupper drain that runs along the Sivan Temple located on the hill.
She said water in the drain backflowed and as such flooded the slope, causing it to be water logged.
“Our contractors are repairing the drain and consultants have suggested that the slopes be re-profiled to create a gentler gradient.
“However, this can only be done once the slope stabilises on its own, with no soil movement,” she said.
Alinah said development in and around Bukit Gasing or above SMK Taman Petaling would not be allowed.
By EDWARD R. HENRY
MOST of the residents living in Jalan Gasing’s Fraser Towers, Petaling Jaya want the Petaling Jaya City Council (MBPJ) to demolish the nearby Sivan Temple based on the council’s report, which states that the building was unsafe.
The report also said the building could come crashing down during a downpour.
The residents are afraid of the danger it poses to their lives and properties, as well as SMK (P) Taman Petaling, also in Section 5. The school is a stone’s throw away from the apartments.
Fraser Towers Joint Management Body chairman M. Kamar said the steep slope, sparse vegetation, water-logged conditions and developments on the hill were some of the factors that were worrying them.
“Several landslips at Bukit Gasing brought down trees and rocks while a river of mud flowed down to Jalan 5/60 recently. It is a disaster waiting to happen.
“The landslips are also an indication of the dangerous condition of the area,” said Kamar.
MBPJ had determined that the temple building was unsafe and should be demolished. The structure has large cracks and the roof is tilted.
Petaling Jaya mayor Datin Paduka Alinah Ahmad had made several visits to the area and instituted immediate measures, such as earthworks to strengthen the slopes in two areas where tarpaulin sheets were used to cover the bare terrain.
U-shaped box drains are being constructed, costing RM1mil in total.
Alinah said the council’s Engineering Department had suggested nail soiling as a long-term measure, along with building a network of slope drains that would cost RM3.2mil.
Kamar said although residents appreciated Alinah’s prompt action, the measures instituted were not enough.
They want earth movement sensors brought in to monitor the shift in soil and water-log in order for proactive measures to be taken.
“We also want the demolition of Sivan Temple to be carried out in a professional manner,” he said.
Petaling Jaya Selatan (PJS) Wanita MCA division deputy chief Datin Wong Fong Leng, who visited the landslip site in Jalan 5/60 on Thursday evening, said more efforts were needed to strengthen the slope.
“Motion sensors must be brought in to monitor soil movement but this has not been done.
“Work to build gabion walls has also not begun. Work is being carried out at a snail’s pace,” said Wong.
She added that the council should bring in geo-technical engineers to review the terrain and find the best method to drain rainwater effectively.
On Feb 25, StarMetro reported Alinah as saying that the temple structure was in danger of collapsing as further rains could weaken its soil strength.
She said the council had obtained a court order to demolish the temple in the best interest of the people — to protect the lives of devotees, people living at Fraser Towers and the school’s students.
It was also reported that Sivan Temple interim committee chairman T. Maharathan had applied to MBPJ for the building to be demolished urgently.
“Our consultant, Materials Testing Laboratory Sdn Bhd, carried out a thorough check on the structure and gave us four volumes of the Dilapidation Survey report which recommended that the temple be demolished,” he said.
Maharathan has made the report available to MBPJ and the council had given the committee the nod to bring in their own contractors to carry out the temple’s demolition.
FRASER Towers’ chief of security services, John Gyan Bahadur, survived a close call in a landslip incident while removing fallen trees along Jalan 5/60 in Bukit Gasing a month ago. He is glad to be alive to tell his story.
He said it began to rain around 6am on Jan 25.
“I heard loud crashing sounds and found that a number of trees had fallen onto the road, a few hundred metres from the apartments’ security post.
“I and another security personnel went out to cut the branches and move the trees to the side of the road. It was 7.45am by then and the rain became heavier.
“We heard a loud rumble coming from the hilltop, in the direction of Sivan Temple’s arch. At the same time I felt the ground shake and within seconds, a river of mud came rushing down the slope.
He added that the incident had also brought down rocks and tree branches snapped like toothpicks.
“So far the people living in the area have been lucky but I fear what will happen if the slope is not strengthened,” he said.
Bahadur has been working at Fraser Towers for seven years.
02 February 2013
By SHEILA SRI PRIYA | firstname.lastname@example.org
DANGER: The council’s failure to monitor the area affected by the Bukit Gasing landslides is worrying
PETALING JAYA: RESIDENTS fear the lackadaisical attitude of the Petaling Jaya City Council (MBPJ) towards the protection of the hill slope of Bukit Gasing may invite catastrophe.
The concern was conveyed by councillor Derek Fernandez during the council’s full board meeting on Thursday.
He said the council failed to play its role to ensure the hill slopes affected by the landslide on Jan 25 were well monitored, especially after the incident.
Fernandez said the area affected by the landslide, which is on private land, may still pose a danger to neighbouring areas if it’s not attended to.
“There were uprooted trees, and drains clogged with mud from the soil erosion.
“Tarpaulin sheets were also not placed on all areas of the affected site.
“Excuses about the slow tender process, and other reasons for not monitoring the situation are unacceptable.
“Disaster will strike when we least expect it. We are lucky to have been given warnings,” he said, adding that interim preventive measures, well supervised by those with the expertise, must be taken soon.
Fernandez also urged for more consideration for neighbouring residents such as those living at Fraser Tower.
He added that the landowners must be held responsible for the failure to safeguard their areas.
An earlier report by the Minerals and Geoscience Department Malaysia revealed that Bukit Gasing has the “Kenny Hills formation”.
This means the hill consists of rock and not reclaimed soil.
The findings were highlighted at the full board meeting.
Mayor Datin Paduka Alinah Ahmad said recently she would make a site visit soon.
“All respective department heads must go to the site and see what needs to be done.
“If funds are lacking, inform me and the problem will be addressed,” she said.
A Streets visit after the full board meeting saw workers clearing the site.