KL Mayor, Developer Sued For Carrying Out Project On Soccer Field
bernama.com 11/3/2005

KUALA LUMPUR, March 11 (Bernama) -- Residents of several apartments in Bandar Baru Sentul here Friday filed a suit against the Kuala Lumpur City Hall Mayor and a developer for allegedly carrying out a development project on their football field and a recreational centre.

Plaintiffs Yee Foong Khuan, K. Selva Kumar, Hasan Abd Rahman, Wan Samsudin Wan Mat Isa and Yazid Sulaiman named the mayor as the first defendant and Kejuruteraan Bintai Kindenko Sdn Bhd as the second defendant.

The suit was filed through Yusmadi & Co at the High Court Registry at Wisma Denmark here.

The plaintiffs are suing the defendants on behalf of other residents of Pangsapuri Sri Negeri Sembilan, Pangsapuri Menara Orkid, Pangsapuri Bandar Baru Sentul Fasa 8/9, Pangsapuri Fasa 3 and Menara Orkid in Bandar Baru Sentul.

In their statement of claim, the plaintiffs said the defendants had signed a joint venture agreement in 2001 to undertake a RM240 million integrated development project comprising three 25-storey condominium blocks on a piece of land at Lot PT4, Section 85, Kuala Lumpur.

They alleged that the open space covering three football fields, bordering and adjacent to their apartments' compounds, had been used by the residents for their social, sports and recreational activities like football matches, charity runs, telematches and family day celebrations since 1985.

They also alleged that following protests by the Bandar Baru Sentul residents against the proposed construction of the condominiums, the mayor issued a stop-work order on Kejuruteraan Bintai on Dec 11, 2003.

However, in Jan 2004, the company resumed construction work on the land on reasons that it was responsible for the 400 buyers and shareholders to complete building the condominiums and that the stop-work order had no legal standee.

In view of this, they alleged that the mayor had failed to take into consideration the interests of 20,000 people occupying the apartments who did not have space for sports, social and recreational activities after the new building plan was undertaken.

The plaintiffs also alleged that the mayor had made false statements and pledges to them when signing the sales and purchase agreement for the apartment units that an open stadium and sports complex equipped with a swimming pool would be built in the open space.

They argued that there was no draft of the local plan as provided under Section 16 of the Federal Territory Act 1982 published in the government gazette and in local newspapers for the condominium development project.

Therefore, they are seeking a declaration that the mayor's decision in issuing the development order for the new plan on the land is invalid for not observing the Act.

They are also seeking a court order that Kejuruteraan Bintai's act in resuming the work on the land despite being issued the stop-work order is in contravention with Section 26 of the Act.

They are also claiming general damages for misrepresentation, breach of contract, failure to observe rights of hearing and nuisance.

-- BERNAMA