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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.
In 2008, 103 residents within Bukit Gasing area, in the interest of several thousand residents living in the proximity of Bukit Gasing (KL side), commenced a Judicial Review on the DBKL Mayor’s refusal to grant concerned residents a public hearing on the development of 68 luxury homes on Bukit Gasing- KL side. Gasing Meridian Sdn Bhd applied to join the case as a 2nd Respondent.
The primary reason for the filing of Judicial Review was the fear for loss of lives and damage to properties. The proposed development on Bukit Gasing (KL side) had several steep gradients and the composition of the soil is sand and shale. In the circumstances, the residents feared that the development if allowed, would cause landslides and end in a tragedy similar to the Highland Towers tragedy (1993). There have also been several other tragic landslides at developments on steep gradients resulting in the loss of lives and destruction of property. Bukit Antarabangsa (December 2008), Orphanage at Hulu Langat (May 2011), Bukit Setiawangsa (December 2012), Dang Wangi LRT (May 2013) and Cameron Highlands (November 2014) are just some tragic recent examples.
The Bukit Gasing case was filed in February 2008 and on 6th September 2010, the High Court, Kuala Lumpur gave judgement against our request for a public hearing and thus in favour of the developer permitting development on Bukit Gasing. This decision was affirmed by the Court of Appeal and the Federal Court. The High Court in May 2013 also allowed the Developer the right to file assessment for damages against the 103 residents. This decision was affirmed by the Court of Appeal. The case is now in the Federal Court, where a “Leave Application “is pending for the case to be heard by the Federal Court
The allowing of damages to be assessed against applicants in a Public Interest Judicial Review case, is unprecedented in Malaysia. It is even more questionable as the award is to Gasing Meridian that had joined the case as a 2nd Respondent. In fact in August 1996, a Judicial Review case was brought by an associated company of Gasing Meridian in their development in Bukit Gasing (Petaling Jaya side) for damages, was thrown out by the High Court, Shah Alam, Selangor.
The allowing of assessment of damages, in the present case, has severe consequences. It will prevent any citizen or civil society from filing a Public Interest case, for fear of having to pay damages if they should lose their case. This is of particular significance where Local Councils and developers throughout Malaysia are concerned. No one will dare to bring a Public Interest case against them. It is a denial of every Malaysian’s fundamental right to seek judicial review on actions by authorities that impact their fundamental rights.
Citizens have a fundamental right to seek a Public Interest Judicial Review at the Courts on actions taken by authorities that are questionable. Such a re-course must be maintained without the threat of damages that will significantly intrude on the rights of any citizen or body of citizens.
We seek your support to counter this threat to fundamental rights of all Malaysians. As a first step, you can support by signing the Petition.
On behalf of residents and supporters of the Judicial Review Case against DBKL’s refusal to grant a public hearing on development on steep hill slopes in Bukit Gasing
Representatives of Fraser Towers, Cameron Towers, Maxwell Towers, Gasing Indah, Petaling Gardens and Section 5 PJ got together to put forward a petition for endorsement by GE13 candidates for Bukit Gasing state and Petaling Jaya Selatan parlimentary seats.
Bukit Gasing candidates endorsing petition:
Mr Mak Khuin Weng (Ind)
Mr Simon Lee (Ind)
Mr. Rajiv Riskyakaran (DAP) see rajiv4malaysia.com for more of his thoughts
Petaling Jaya Selatan candidates endorsing petition:
Mr. Hee Loy Sian (PKR)
Mr. Sheah Kok Fah (BN-MCA)
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
29 Jan 2013 – BUKIT GASING, KUALA LUMPUR
Saya bersama YB Hannah Yeoh dan saudari Kasthuri Patto sewaktu sidang media bersama penduduk Maxwell Towers di Bukit Gasing. Para penduduk risau akan kejadian tanah runtuh yang makin kerap berlaku akhir-akhir ini.
19th March 2010 – Federal Court rejects leave for appeal by DBKL and Gasing Meridian Sdn. Bhd.
The Federal Court announced its decision of rejecting leave for appeal by DBKL and Gasing Meridian Sdn. Bhd (GMSB) this morning. Chief Justice Tun Dato’ Seri Zaki bin Tun Azmi expressed the court’s view that the appeal was unnecessary and granted costs of RM20,000 each to be paid by the appellants (DBKL and GMSB). The court viewed that it is time to impose higher costs to deter unnecessary appeals. The other two judges on the panel were Dato’ Md. Raus bin Sharif and Dato’ James Foong Cheng Yuen
As residents and applicants for Judicial Review of DBKL’s decision to deny us a public hearing on GMSB’s proposed development on the remaining substantive green area on Bukit Gasing (KL-side), we are relieved that finally the High Court can proceed with a fully Judicial Review hearing. Since our filing of Judicial Review application in February 2008 we discovered (through the inter-parte leave hearings at the High Court) that DBKL had granted development orders for sub-division of land, erection of hoardings and earthworks. We have questions on compliance to regulation by DBKL in granting such development orders.
It has been a long two years wait for Judicial Review to commence. It is time that DBKL actions in dismissing concerns on landslide risks to residents and existing properties be reviewed. The way DBKL approves development on unstable steep hill slopes can now be reviewed for compliance to regulations.
In the Kuala Lumpur Structure Plan 2020, DBKL declares its desire for partnership with the public as part of its support for Local Agenda 21 principal and philosophy. Amongst the many emphasis on responsible development and management of environment is one on, “The natural features of parts of Bukit Gasing shall be protected and developed as parks for recreational purposes.”. It is time for DBKL to be examined on whether they are playing lip serve to the Kuala Lumpur Structure Plan 2020 and really supports sustainable development.
The residents will stand resolute in the fight for transparency and justice. Support us in our fight.
Gary Yeoh – JAC for Bukit Gasing.
Attention all supporters of Save Bukit Gasing Campaign & residents of Fraser Towers, Cameron Towers, Maxwell Towers, residents of Gasing Indah (PJ side); Gasing Indah (KL side), members of the Media, NGOs and all interested parties.
High Court hearing is on Friday 24th October at 10:30am , 3th Level, Sivil 1. Kuala Lumpur High Court Complex.
This hearing concerns all of us. Amazingly, this will be the 9th time we will be at the court. Please communicate to your friends and neighbours early and get them to take sometime off. This hearing is critical as we hope to get a ruling by the High Court on “stay order” that will prevent DBKL from allowing GMSB to start any serious work at the site.
As usual, please try to car pool. Let’s try to get as many people to the court.
For directions to Kuala Lumpur Court Complex Jalan Duta:
Bukit Gasing assemblyman Edward Lee speaking to residents at Save Bukit Gasing Family Day.
by Kimberley Lau, theSun – News without borders, Monday April 14, 2008
PETALING JAYA: Bukit Gasing residents braved a downpour yesterday afternoon to picket in protest against developer Gasing Meridian Sdn Bhd for not complying with a stop-work order issued by the High Court on April 6.
GMSB plans to build 71 bungalows on a 15.52ha on the hill.
About 150 people young and old turned up in their raincoats and umbrellas at the Gasing Indah playground to protest the development of the hill by GMSB.
Among them was Medona Netto, 57, and her husband, Aloysius, 60. The Nettos. who live in Gasing Indah, were among the first residents in the area.
“The developer clearly has no regard for the stop-work order or the fact that we are very worried,” she said, “it started putting up hoardings on the hill last month,” said Medona, who has lived there since 1993.
Asked if they are prepared to move out from the house should the developer proceed with the project. Aloysious said, “I have spent a lifetime here. I will not move out”.
According to Joint Action Committee for Bukit Gasing member Gary Yeoh, the Kuala Lumpur City Hall had in a news report last week, expressed concern for the developer’s financial losses.
“Why are they worried about that? They should instead be concerned about the residents’ safety,” said Yeoh.
He said the residents had also wanted to show support for the 108 property owners from Gasing Indah, Cameron Towers, Maxwell Towers, Frasers Towers and Petaling Gardens Neighbourhood watch who had sought a judicial review against DBKL, compelling the mayor to hold a public hearing on the application by GMSB for a development order. The High Court granted the residents leave for a judicial review and set April 23 for an inter-parte hearing.
Bukit Gasing assemblyman Edward Lee said that while it was not compulsory for the developer to be at the hearing, the developer had requested to be heard
NST Online » Local News
The property owners with counsel R. Sivarasa and Derek Fernandez.
KUALA LUMPUR: The High Court yesterday granted an interim order to a developer to stop work on a 15.52ha land in Bukit Gasing
This is despite two approvals granted by City Hall to developer Gasing Meridian Sdn Bhd (GMSB) dated Oct 2 and Nov 16 last year to proceed with the work.
Judge Datuk Abdul Wahab Patail granted the interim order, effective until April 23, when 108 property owners from Gasing Indah, Cameron Towers, Maxwell Towers, Frasers Towers and Petaling Gardens Neighbourhood Watch will attend an inter-parte hearing.
The owners are seeking to stop all further action by the Kuala Lumpur mayor in respect of the application for planning permission by GMSB, pending disposal of the inter-parte hearing.
The residents were represented by counsel R. Sivarasa and Derek Fernandez.
On March 17, the High Court granted leave for judicial review to the residents, allowing them the right to express their concerns over a development project in the area.
They were also granted leave to quash the decision of the Kuala Lumpur mayor not to hold a public hearing on the application by GMSB for a development order.
The court had directed the mayor, the respondent in the case, to forward a copy of the reports and documents pertaining to the application by GMSB to the residents before April 23.
GMSB plans to build 71 bungalows on the 15.52ha ground which it claimed was a privately owned land since 1899 and had never been part of a green lung nor a natural forest.
In their grounds of application, the residents stated that the mayor had acted contrary to the policy and intent of the Federal Territory (Planning) Act 1982 (Act 267), which required the preparation of a local plan for Kuala Lumpur, not just to adjoining owners, but all persons in the Federal Territory, a right to be heard in respect of the development plan for their area.
The residents had also said the proposed development of the bungalows would be on hillslopes, which were prone to landslides.
One of the landslides had occurred in 1971 which severely damaged six government-owned bungalows on Jalan Tanjung, Bukit Gasing.
However, on March 25, GMSB’s group general manager, Richard See, was quoted as saying that the low-density Sanctuary Ridge Kuala Lumpur City development project would go ahead.
He said the property was freehold and had been converted and subdivided for residential use since 1977 with individual bungalow titles. This was confirmed in the Kuala Lumpur Structure Plan 2020