SS7 residents may sue MPPJ over lake project

The Malay Mail 27/10/2005 NAJMUDDIN NAJIB

KUALA LUMPUR, Oct 27

Residents of SS7 Kelana Jaya are contemplating legal action against the Petaling Jaya Municipal Council (MPPJ) for allegedly not consulting them before approving the construction of a commercial complex next to the neighbourhood lake.

The residents also claim that the project’s land reclamation work has resulted in the lake becoming smaller as well as more polluted.

The project, now half-way completed, is being undertaken by Glomac Group. It involves the construction of a three-storey complex housing 60 shoplots.

Kelana Jaya Residents’ Association president Datuk Anuar Jaafar said they were looking into taking the council to court for allegedly breaching the Town and Country Planning Act.

"The council is supposed to consult the residents on matters pertaining to development of the neighbourhood, giving us an avenue to air our views. In this case, the council did not bother to seek our views or even inform us of the development. We had to find out for ourselves," he said.

Anuar said the residents are consulting their lawyers on the matter as their confidence has been bolstered by the recent Shah Alam High Court decision against MPPJ over a development project in Taman Desaria, off Jalan Klang Lama.

The High Court on Tuesday declared null and void a development order issued by MPPJ to Mentari Properties Sdn Bhd to build two blocks of low-cost flats and stalls in Jalan Klang Lama.

The decision was a victory for 86 residents of Taman Desaria, who took the council to court after it had issued the order without consulting their views. The court also ordered MPPJ to pay damages and costs, which will be shared by Mentari.

Anuar claimed that the residents, in a meeting with MPPJ president Datuk Ahmad Termizi Puteh on Sept 27, were told that nothing could be done to save the lake.

"He told us that as the land belongs to the Selangor Economic Development Board, it is therefore private property and there is nothing else we can do about it," he claimed.

Anuar added that the residents received a hand-delivered letter from MPPJ yesterday, inviting them to a meeting on Oct 31 to discuss the project.

"We find it odd that only after the High Court decision concerning Taman Desaria that the council is only now willing to discuss the matter with us.

"In any case, we will only meet them after we have discussed our next move with our lawyers," he said.

On Feb 17, The Malay Mail front-paged the residents' fears that the area surrounding the lake may be the site of several projects which include lakeside bungalows, PKNS staff quarters as well as a commercial centre.

The proposed development came to light in 2001, when a signboard advertising upcoming PKNS staff quarters was set up near the lake, drawing protests from residents.

Residents claimed that the lake had been gazetted as a water retention pond and the reclamation work done along the lake had resulted in flash floods in the area.

After prolonged protests, Selangor Menteri Besar Datuk Seri Dr Mohd Khir Toyo had announced on March 10 that PKNS would hand over the lake’s ownership to the MPPJ to enable the 12-hectare lake to be transformed into a recreational area for the residents.