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Residents and supporters of Save Bukit Gasing will be praying that Justice will prevail tomorrow at the Court of Appeal.

The High Court granted the developer the right for assessment of damages against applicants to Judicial Review in May 2013. The applicants are appealing against this High Court decision. The Court of Appeal decision tomorrow will have significant implications to the general public.

Judicial Review is the means for the public seeking review of our authorities actions. If other parties of Judicial Review case can then seek damages, it could severely affect the public’s ability to seek Justice.

We hope that the Court of Appeal will take into consideration a previous attempt to sue for damages after Judicial Review relating to development at Bukit Gasing back in the 90s. Click to read the judgement. Then pray with the residents.

Those of you that wish to support this hearing should be at the Court of Appeal in Palace of Justice, Presint 3, Putrajaya for about 9:30am. Check for Ramachandran Appalanaidu & 107 yang lain Vs DBKL/Gasing Meridian (R1-25-38-2008). Click “Here” for location of Palace of Justice at Putrajaya.

 

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2013-02-02 Save Bukit Gasing

02 February 2013

By SHEILA SRI PRIYA | streets@nstp.com.my

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.

Derek Fernandez says excuses about the slow tender process and other reasons for not monitoring the landslide area and taking interim preventive measures are unacceptable.

Derek Fernandez says excuses about the slow tender process and other reasons for not monitoring the landslide area and taking interim preventive measures are unacceptable.

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.

Read more:‘Take landslide issue seriously’ – Latest – New Straits Timeshttp://www.nst.com.my/latest/take-landslide-issue-seriously-1.211369#ixzz2JjhEptNa

An excavator clearing up the area after the recent landslide at Bukit Gasing in Petaling Jaya. Pic by Mior Azfar Mior KamarulbaidRead more: 'Take landslide issue seriously'

An excavator clearing up the area after the recent landslide at Bukit Gasing in Petaling Jaya. Pic by Mior Azfar Mior Kamarulbaid
Read more: ‘Take landslide issue seriously’

 

The Malay Mail

TUESDAY, JANUARY 29, 2013 – 11:40
Location:
PETALING JAYA

 

Bukit Gasing landslip

 

MUDDY: Silt from the hillslope flows onto Jalan 5/60, near Frasers Towers in Bukit Gasing, after more rain yesterday. Four landslips had been reported in the area last week

 

THE slopes of Bukit Gasing need to be assessed using a methodical approach, according to geotechnical engineer Gue See-Sew.

Gue, who is also the chairman of the Expert Standing Committee on Slope Safety established by the Construction Industry Development Board (CIDB) recently, said they were looking into institutionalising solutions for landslides in Malaysia.

“We have to explore the design, construction and supervision as well as maintenance of slopes,” he said. “We must focus on these issues and find solutions to mitigate them with a systematic way of tackling them.”

Gue said although the new guidelines for slopes were sufficient, hazard and risk analysis needed to be carried out on old slopes.

“If it is a high risk area, local authorities have to issue orders to investigate and strengthen the slopes there,” he said.

SlopeWatch programme director Eriko Motoyama said they had been receiving reports from Bukit Gasing residents regarding landslides for a year but they still needed to look at various aspects before getting involved.

SlopeWatch would then assist residents in ensuring their concerns were heard by the authorities.

Bukit Gasing, which falls within the custody of both Petaling Jaya Municipal Council and Kuala Lumpur City Hall, experienced a number of landslips on Friday and over the weekend.

Petaling Jaya councillor Derek Fernandez said this was the second occurrence of landslides there in the past month and cautioned that nature would not wait for tenders and processes.

Yesterday, The Malay Mail reported that Maxwell Towers residents’ association and joint action committee for Bukit Gasing member Gary Yeoh had also pointed out a collapsed wall in a nearby sewage treatment plant aside from the landslides previously reported.

The sewage treatment company said they would investigate the cause for the collapsed wall.

There are two other condominium towers on Bukit Gasing other than Maxwell Towers. They are Frasers Towers and Cameron Towers

03 October 2012 | last updated at 08:23AM

PUTRAJAYA: A five-year legal battle by 108 Bukit Gasing residents to stop a hill slope project adjacent to their Petaling Jaya neighbourhood has come to an end.

This follows the Federal Court’s decision today to unanimously dismiss a leave application by the residents to appeal against the Datuk Bandar of Kuala Lumpur and a developer.
A five-man bench led by Tan Sri Raus Sharif said the residents failed to cross the threshold requirement under section 96 of the Courts of Judicature Act 1964 to obtain leave to appeal their case in the Federal Court.
The residents posed a question whether the Town and Country Planning Act 1976, and amended in 2001, was applicable to the Federal Territory of Kuala Lumpur.
(The applicants had to show that the question posed was of public interest and that it was being raised for the first time.)
“We are of the view that no further argument is needed as the apex court favoured the majority decision of the Court of Appeal,” he said.
The court also awarded RM10,000 each in costs to the Datuk Bandar who was was represented by Romesh Abraham and the developer, Gasing Meridian Sdn Bhd (GMSB).
Lawyer Datuk R. R. Sethu represented the developer.
Abraham said the Federal Territory Planning Act overruled the Town and Country Planning Act as amended in 2001.
He said residents in Kuala Lumpur could only be heard if there was a change in land use or increase in density.
Sethu said the project was underway since 2010  and the residents had also not filed a stay after they lost in the High Court.
On March 6, the Court of Appeal concurred with the High Court that dismissed the  residents’ judicial review application to challenge the issuance of a development order by the Kuala Lumpur mayor.
Court of Appeal judge Datuk Zaharah Ibrahim delivered a 2-1 majority verdict. Datuk Ramly Ali concurred with her while Datuk Jeffrey Tan Kok Wha, now a Federal Court judge, dissented.
The majority ruling disagreed with the residents’ submission through their lawyer R. Sivarasa that the amended Town and Country Planning Act which stipulated residents should have a right to a public objection hearing extended to the Federal Territory.
Zaharah said the Federal Territory (Planning) Act 1982 was applicable to areas falling under the Federal Territory.
In this Act, a public hearing is possible only if the land is used for other purposes or the proposed move leads to an increase in population density.
Tan in his minority ruling said Kuala Lumpur City Hall failed procedurally by disallowing the residents a public hearing before issuing the order, which falls under the Town and Country Planning Act.
The residents filed the application in 2008 for a judicial review at the Kuala Lumpur High Court to stop the Kuala Lumpur mayor’s development order for a 15.52ha site in Bukit Gasing to build 71 bungalow lots.
The Oct 2, 2007, order was issued to GMSB to execute earth works and subdividing the area, before building the luxury units.
GMSB claimed the land was private and had not been gazetted as a green lung or natural forest.
The residents claimed in the judicial review application that the mayor had failed to give them the right to be heard in the decision-making process.
The High Court dismissed their application on Sept 6, 2010, paving the way for the residents to come to the Court of Appeal.
Bukit Gasing Joint Action Committee member Mohamed Kamar Mohamed said the verdict to deny them leave to appeal overlooked the public interest factor.

http://www.nst.com.my/latest/court-denies-leave-bukit-gasing-development-to-go-on-1.151479#

After many Court hearings, we lost our case at the High Court in September 2010. Our appeal to the Court of Appeal is fixed for hearing on Monday, 12th December, 2011. However, the Developer has already started clearing the trees near Pantai Dalam.

We urge you to attend the Court of Appeal hearing to support our case at 9:00am. The Court of Appeal is at Istana Kehakiman, Precint 3, Putrajaya. Condo and Gasing Indah residents are requested to car pool for transport to the Court of Appeal.

From:
Joint Action Committee for Bukit Gasing (made up of owners and residents from Fraser, Cameron and Maxwell Towers, and Gasing Indah)

21 May 2011 Last updated at 22:09 GMT

http://www.bbc.co.uk/news/world-asia-pacific-13482874

Link to Video here….

The BBC’s Jennifer Pak says authorities will now be asking some hard questions – and looking for hard answers

Landslides have hit an orphanage near the Malaysian capital, Kuala Lumpur, killing 16 people, many of them children, officials say.

Rescuers saved nine people from the Hidayah Madrasah al-Taqwa orphanage in the district of Hulu Langat.

The rescue operation, which was hampered by rain, has now ended.

Rescuers used bulldozers, spades and their bare hands to try to reach survivors, and floodlights were brought in after night fell.

A total of 20 children and five adult carers were taking part in an event in a tent at the orphanage – which is located on a slope – when it was hit by two landslides, within seconds of each other, on Saturday afternoon.

Che Rosli Che Mat, an opposition lawmaker, told AFP news agency: “The landslide happened very fast. Only a few children managed to escape.”

Opposition politicians told the BBC that many trees had been been cut down in the area, to make way for development schemes.

Police told people in nearby houses to leave the area amid concerns of further landslides.

In pictures: Hidayah Madrasah al-Taqwa orphanage landslide 21 MAY 2011

Residents gather at a family day event in Gasing Indah.

theSun ON MONDAY | MAY 9, 2011

Link to news article…

Link to news article on Pdf…

Victor Oorjitham and Gary Yeoh were invited to BFM radio for a live interview on Monday (20th Sept).  We are grateful to BFM radio for giving us the opportunity to share our views on Gasing Meridian’s proposed development on the steep hill slopes of Bukit Gasing.

The issues surrounding the handling of proposed development on Bukit Gasing by Federal Territories Ministry and DBKL are many. We hope we have provided some useful information on how DBKL lacks both the sensitivity and commitment to our government’s stated policy of One Malaysian, People First, Performance Now.

You may listen to our interview at BFM podcast of the interview here

When authorities ignore our rights to a safe, sustainable and livable environment, dare we remain silent?

Gary Yeoh – JAC for Bukit Gasing

Lawyer Sivarasa Rasiah briefing the press regarding the High Court’s ruling against an application by Bukit Gasing residents for a judicial review. Photo credit: dantang

Malaysiakini – Sep 6, 10 4:15pm

The Kuala Lumpur High Court has dismissed an application by Bukit Gasing residents for a judicial review over a luxury bungalow housing project in the area.

Justice Aziah Ali ruled that based on the Federal Territory (Planning) Act 1982, the 108 applicants who opposed the project did not have a right to have the case heard.

Aziah’s judgement, which also lifted a stay order, meant that the 70-bungalow project which had been delayed for 30 months can now resume.

The grounds of Aziah’s judgment would be given in a few days.

The applicants for the judicial review had attempted to seek a court ruling to stop the project in order to protect Bukit Gasing, which is one of the few green lungs near Kuala Lumpur.

http://www.malaysiakini.com/news/142073

The High Court is set to deliver its judgement on the Judicial Review filed by 108 applicants representing communities in Gasing Condos (Fraser, Cameron and Maxwell), Gasing Indah (both KL and PJ sides) back in February 2008.

The Judicial Review was made initially to challenge DBKL’s decision to deny affected residents the right to a public hearing. In the course of the hearing, it became known that DBKL had approved development orders for Gasing Meridian Sdn Bhd (GMSB) to build some 68 multi-million ringgit bungalows on the steep hill slopes of Bukit Gasing under DBKL’s jurisdiction. This resulted in a change to the Judicial Review to include decision by DBKL to issue GMSB a development order.

This blog has written about the tactics of DBKL and the developer to derail residents’ right to a judicial review over the years. They had refused to accept the clearly written judgement of the then High Court Judge, Madam Lau Bee Lan in April 2009 and had appealed against her grant of leave for the Judicial Review. Their appeals to Court of Appeal and Federal Court failed. The Federal Court set an exemplary charge on DBKL and Gasing Meridian for legal costs of RM20K each of their failed Federal Court hearing.

Having failed in their arguments that the Judicial Review was filed “out of time” (using deception and by being “economical with the truth”) they had attempted to argue that the High Court had no locus standi to accept the Judicial Review.

One of the core arguments in the Judicial Review was that Town and Country Planning ( Amendment) Act 2001, passed by the Parliament that brings Federal Territories into uniformity with the rest of the country, should have been applied by DBKL with respect to its approval of GMSB proposed development on Bukit Gasing.  DBKL continues to argue they have the right to ignore wishes of our Parliament.

The Mayor of Kuala Lumpur, Datuk Ahmad Fuad Ismail, had recently commented in The Star of how carefully DBKL considers steep hill slope developments. If that is so, how is it that lives were almost lost at Medan Damansara in August 2008? What about the failure of retaining walls at Amanah Raya on Jalan Semantan in December 2008? Will Bukit Gasing be another Damansara 21 in the making?

The Mayor of Kuala Lumpur talks about gazetting of Bukit Gasing as forest reserves and not allowing developments on Bukit Gasing, Yet, all the areas marked in the much challenged Draft KL City Plan seems on the way to being approved.  Is DBKL continuing the policy of being “economical with the truth” ?

Residents in Bukit Antarabangsa, Taman Melawati, Medan Damansara and many other areas on hill slopes live in fear. Yet, authorities continue to champion the land owners’ right to make profit at the expense of safety of people and sustainable development.

Residents under threat from GMSB proposed development and DBKL’s refusal to acknowledge genuine residents’ fears await the High Court to deliver a judgement that puts  planning authorities on notice to act transparently and in act in accordance with the law.

Will you come and stand with us to send a loud and clear message that we want authorities and developers to ensure safe and sustainable development? If you do, please come to the KL High Court Complex, Rayuan & Kuasa-Kuasa Khas (RKK 1 court room) level 3 on Monday, 6th September 2010 at 2:30pm

Gary Yeoh – JAC for Bukit Gasing.

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