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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.

 

Mayor Ahmad Phesal Talib told a press conference today that DBKL had initially opposed the project, but now has no choice but to abide by a court order

Mayor Ahmad Phesal Talib told a press conference today that DBKL had initially opposed the project, but now has no choice but to abide by a court order

Koh Jun Lin | Jan 28, 2013

Despite a recent series of landslides, Kuala Lumpur City Hall (DBKL) could not stop the hillslope development in Bukit Gasing because doing so would require purchasing the land out of public funds.

Mayor Ahmad Phesal Talib told a press conference today that DBKL had initially opposed the project, but now has no choice but to abide by a court order.

“(The developer) Gasing Meridian Sdn Bhd has already won the court case, how can we stop it?

“Now we have to let Gasing Meridian to execute the project but with precautions. If we try to stop them we have to issue a notice of purchase. Who is buying? The public,” he said at a press conference today.

When it was pointed out that there had been a series of landslides in the area over the weekend, he said, “If there are landslides, we will take action together with the developers. It is no problem.”

Read more here: http://m.malaysiakini.com/news/220120

PLEA FOR HELP: Residents want authorities to regularly monitor landslide-prone areas

KUALA LUMPUR: THE Bukit Setiawangsa landslide has caused panic among residents staying at several landslide-prone areas in the Klang Valley.

Residents in Bukit Gasing in Petaling Jaya, Ukay Perdana and Bukit Antarabangsa are now demanding that the authorities, especially the local councils, monitor landslide-prone areas and hillslope development.

Some claimed they feel “helpless” against the wrath of Mother Nature.

The latest Setiawangsa episode has jogged the memory of 37-year-old Iskandar Syahril who had been conducting his business near the site of the 2011 landslide that occurred in Ukay Perdana 4.

“I realise how we are powerless against nature.”

Iskandar said there was a noticeable soil movement at the site when it rained after the incident.

“I’ve seen how fast can it move. We are lucky as the previous incident did not result in the loss of lives, but how long will our luck hold?”

Iskandar said there was no further monitoring by the authorities at the site despite calls by him and other business owners.

Checks by the New Straits Times revealed that the affected area was likely to face another landslide because erosion had taken place, leaving a gap and making the whole facade vulnerable.

Slope Watch programme director Emiko Motoyama, who heads the community slope watch within Bukit Antarabangsa, said the residents should pitch in to help monitor slopes in their neighbourhood.

“The authorities cannot be everywhere all the time. We (the residents) should be the eyes and ears for them, since the residents are the best observers of any changes in the slopes around their homes.”

New Straits Times found several areas in Jalan Wangsa 9, Bukit Antarabangsa, have been marked by authorities as danger zones as there were minor landslips.

Persistent slope failures at Bukit Gasing in Petaling Jaya were consistent with the observations and fears of the residents as it was near to their neighbourhood.

Landslides near the Fraser Tower at Jalan 5/60 here were spotted by residents three weeks ago.

A Bukit Gasing joint community council representative, who only wanted to be known as John, said the landslides occurred after the development of the double-storey temple on top of the hill.

“The temple was built at the edge of the hill, causing water disruption and erosion,” he said, adding that the municipal council should seek a long-term solution.

The expansion of the temple made headlines in 2007 after it caused a landslip, leading the council to issue a compound and a stop-work order to the temple management for violating the Street, Drainage and Building Act.

Fraser Towers resident Brian Tan wants Petaling Jaya City Council to inspect the safety of the hills on the Petaling Jaya side.

“We feel that there are parts of Bukit Gasing that are unstable. The authorities must make sure the maintenance of the hill slopes is done regularly.

New Straits Times found more than five landslides within Bukit Gasing that could lead to severe damage to properties and residents.

imageNST

A landslip in Jalan Ukay Perdana 4 in Ampang, Selangor. Pic by Surianie Mohd Hanif

Yet again, development on steep hill slopes in Kuala Lumpur has proven to be disastrous.  This time, it seem to have taken 20 yrs… given the retention walls were first built in 1992 according to the Mayor of KL.

Bkt Setiawangsa landslide: Rain has authorities worried about further damage – Nation | The Star Online.

The panel of 5 Federal Court judges delivered a shocking and surprising decision to reject our leave for appeal on the Court of Appeal majority decision (2 to 1) against our Judicial Review application to require DBKL to hold a public hearing regarding approval of Gasing Meridian Sdn Bhd’s proposed development at Bukit Gasing (KL-Side).

We had anticipated that the Federal Court would have allowed leave to hear our argument that the majority decision by the Court of Appeal has serious implications. The minority judgement in our favour was that the Town & Country Planning (Amendment) Act (2001), that was gazetted on 20 February 2002 by the then Minister of Housing and Local Government (Dato’ Seri Ong Ka Ting) is applicable to the Federal Territory of Kuala Lumpur. Hence, DBKL should not have approved developments on Bukit Gasing without giving a public hearing to residents.

For more than 5 years, we have challenged DBKL and the developer through the courts. We have argued that as residents threatened by landslides by Gasing Meridian Sdn Bhd’s proposed development on the steep hill slopes of Bukit Gasing, we have to be given the right to a public hearing by DBKL. The Town & Country Planning (Amendment) Act 2001 (TPCA), passed by our Parliament and subsequently gazetted should have required DBKL to give us a public hearing.

Despite our losing through a majority decision by the Court of Appeal in March 2012, we were heartened by the minority decision of Y.A. Dato’ Jeffery Tan. He strongly argued that the TPCA should apply and our right to public hearing be given. His considered opinion was that the Planning (Development) (Amendment) Rules 1994 instigated by DBKL and approved by the Minister then, to amend Rule 5 of Planning (Development) Rules 1970 should not be used to limit rights of residents to a public hearing before planning approval.

In short, Y.A Dato’ Jeffery Tan argued that Rule 5 (after amendment in 1994) is a subsidiary legislation. In his view the general principle of statutory interpretation should be that subsidiary legislation may not be broader than the enabling legislation.

What is plain to see with the decision of the Federal Court today is the following:

  • Residents of KL do not have the same rights to a public hearing as other residents living outside of Kuala Lumpur in Peninsular Malaysia.
  • Non-KL residents unfortunate enough to live next to land under DBKL will not have the same rights to a hearing under DBKL planning rules as he/she has within Selangor.
  • Whilst the Parliament may have amended the Town & Country Planning Act to ensure the whole of Peninsular Malaysia (defined as including KL) is governed by the same regulations, DBKL can continue to limit the rights of people by utilizing Rule 5.

Note: Rule 5 as used by DBKL means affected neighbours will have no right to be heard or informed if a development approval do not involve a change in density or use of land.

We have tried to seek justice and transparency through the courts and have failed. However, we will continue to speak out and trust that the court of public opinion as well as public desire for elected mayors to ensure accountability and transparency will prevail.

Should we continue to allow authorities to decide policies that negatively impact our rights? Should their unfeeling and uncaring attitudes continue unquestioned?

It is time that we demand accountability from those that govern us. Let us not trust in platitudes and lies anymore.

JAC for Bukit Gasing.

Despite attempts by DBKL to ignore and deny the dangers of development on the steep hill slopes of Bukit Gasing, we have more landslips to share.

Updated photos on Gasing Meridian earthworks landslips

Save Bukit Gasing  (Sun. 11 Mar 2012)

Grassed over steep slope slipped again in heavy rain (Sun. 11 Mar 2012)

Save Bukit Gasing (Mon. 12 Mar 2012)

Back to using plastic sheeting (Mon. 12 Mar 2012)

Save Bukit Gasing Back (Mon. 12 Mar 2012).

Back to using plastic sheeting (Mon. 12 Mar 2012). See other steep slopes with signs of erosion

SBG (Mon. 12 Mar 2012).

Steep descent of trucks on road tracking to hill peak (Mon. 12 Mar 2012). See steep cutting of slopes on right hand corner

Meanwhile at foot of hill below Siva Temple near to Fraser Towers….

Residents of Fraser Towers have already lodged a complaint with the Engineering Department of MBPJ of the landslip

SBG (Mon. 12 Mar 2012)

Landslip on slope next to the the site of repaired slopes from landslide of 2007 (Mon. 12 Mar 2012)

SBG (Mon. 12 Mar 2012)

Landslip and proximity of the repaired slopes that had seen no maintenance since 2007 (Mon. 12 Mar 2012)

As PJ residents are persona non grata to DBKL, perhaps if you all share these photos widely, it might be picked up by DBKL. After all, a “Focus” page on The Star (Sunday, 11 March 2012) identified landslips as signs of landslide to come and should be reported to DBKL. The page is supported by JKR and division of JKR responsible for slope monitoring. It reported 16 fatalities each in Hulu Langat and Sungai Ruil in 2011 and destruction of 14 homes in the Bukit Antarabangsa 2008 landslide.

PS: According to the article, you can only call 999 if there is a landslide. Otherwise, you need to call the engineering department of your local authority (sic).

Google Map indicating the recent landslide area (Map by Mircea Tataru)

Upon receiving the photos yesterday, I immediately asked the mbpj engineering team and ikram to inspect site. Although there was no new landslide the situation was unacceptable as the temple trustees and consultant had use low grade covers for the exposed parts when they were specifically instructed by mbpj and ikram to use high quality covers that do not tear easily and degrade when exposed to UV lights. Two months ago the temple trustees agreed to do two things, one reduce load by removing some structures and rectifying slope and in the interim to cover area with proper sheeting. Nothing has been done by them because there is now a legal tussle between the temple trustees and another person both claiming to be the legitimate body to manage the temple. This other person had however entered the temple and did on his own accord remove several structures to lessen load and has submitted an application to start the slope rectification works within 2 weeks.  As this drama continues, we cannot wait for them. I today asked the mayor to authorize funds so that MBPJ and IKRAM will put up proper sheeting in the interests of public safety and we can bill the defaulters later. I am pleased to say the mayor immediately approved this and our contractor was up there today and will be there tomorrow with ikram to start getting the material and laying it. I am upset and expressed my disgust to the mayor and State Government  for our people and ikram not monitoring and ensuring compliance with the instructions given to the temple trustees to use proper cover material. This lackadaisical attitude makes a mockery of hillsite safety, and its time the state start sacking people. I am thankful for our resident’s vigilance. Such an unacceptable situation can lead to an increased risk of  slope failure, if there is say 3 days continuous rain. Anyway this is an interim measure and I hope the slope rectification starts soon. The state government must step in and not wait till the court decides who represents the temple and is responsible to do work. I will keep you informed of any developments.

DEREK FERNANDEZ

MBPJ Councillor

Section 5 & 10

‘Sivan Temple not open, site still unstable’ – YouTube Video

Contrary to claims, the Sivan Temple in Bukit Gasing has not been re-opened to the public, as the Petaling Jaya City Council does not deem the site to be safe as yet.

Full story : http://www.malaysiakini.com/news/155517

By EILEEN NG Associated Press © 2011 The Associated Press

May 21, 2011, 8:26PM

Read more: http://www.chron.com/disp/story.mpl/ap/top/all/7575641.html#ixzz1N2nIhi8q

KUALA LUMPUR, Malaysia — Two landslides that hit a Malaysian orphanage killed 15 boys and one adult but nine other people survived, police said Sunday.

District police chief Abdul Rashid Wahab said the bodies of 15 boys, aged 8 to 18, and a 34-year-old caretaker had been recovered. Six boys and three wardens who were critically injured in Saturday’s landslides have been hospitalized, he said.

Medical officers had to amputate the leg of one of the boys at the site after he was pulled out due to a severe injury that caused incessant bleeding, health ministry official Azmi Shapie said.

Read more: http://www.chron.com/disp/story.mpl/ap/top/all/7575641.html#ixzz1N2mxbKm6

By DAILY MAIL REPORTER

Last updated at 2:02 PM on 21st May 2011

Read more: http://www.dailymail.co.uk/news/article-1389421/Massive-landslide-buries-30-children-Malaysian-orphanage.html#ixzz1N28CkLvt

About 30 children were buried by a landslide that hit a Malaysian orphanage and two bodies have been recovered so far, police said today.

A district police officer said firefighters and villagers pulled out six children who were critically injured and they were rushed to a hospital. The incident happened close to the capital, Kuala Lumpur.

The officer declined to be named because he is not authorised to speak to the media.

The officer said heavy rainfall had likely caused the landslide that hit the orphanage in central Selangor state this afternoon.

He said rain was still falling and hampering rescue work, which would last until nightfall.

A rescuer uses a construction machine to search for the bodies believed to be buried by a landslide in Hulu Langat in central Selangor state, outside Kuala Lumpur, MalaysiaA rescuer uses a construction machine to search for the bodies believed to be buried by the landslide which engulfed an orphanage in Hulu Langat in central Selangor state, outside Kuala Lumpur, Malaysia

Rescuers pause to insect the building before they carry on. The orphanage house was half buried by the landslideRescuers pause to inspect the building before they carry on. The orphanage house was half buried by the landslide

A landslide caused by heavy rains hit an orphanage in Malaysia, killing two children and burying at least 21 others, a local lawmaker said. The red earth of the mountain can be seen after the landslide. A police officer said heavy rainfall is believed to have loosened the earth causing it to happen
Alive but injured, this orphan is carried away from the scene of the disasterAlive but injured, this orphan is carried away from the scene of the disaster
Terrible news: A woman holds her hand to her mouth as she talks on a mobile phone at the site of landslideTerrible news: A woman holds her hand to her mouth as she talks on a mobile phone at the site of landslide

Read more: http://www.dailymail.co.uk/news/article-1389421/Massive-landslide-buries-30-children-Malaysian-orphanage.html#ixzz1N27WGChN

Hulu Langat Landslide Disaster  –  Photo Gallery

16 killed in landslides at Malaysian orphanage AP

Hulu Langat buzzing in the wake of deadly landslide Bernama

Brothers Among Those Killed In Hulu Langat Landslide – Malaysian Mirror

Tragedi tanah runtuh Hulu Langat Berita Harian Online

PWD ordered to study stability of slopes at landslide in Hulu LangatNST

Deaths in Malaysia orphanage landslide AlJazeera

16 dead in Malaysia orphanage landslide – thewest.com.au

Malaysia: Tweets on the Orphanage Landslide

Landslide hits orphanage, 13 dead – The Malaysian Insider

16 dead in Malaysia orphanage landslideHindustantimes

16 Killed in Landslides at Malaysian OrphanageFoxNews

Landslide in Hulu Langat, buries 20 boys in orphanage, rescuers search for missingNYDailyNews.com

Susulan Tragedi Tanah Runtuh – MyMetro < YouTube Video >

Fatal landslide at Hulu Langat orphanage – TheStarOnline.tv

Read more..

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