PKNS fined RM330,000

12/03/2005 NST

SHAH ALAM, Fri. - Several developers responsible for the destruction of the green belt near Bukit Cahaya Seri Alam were hauled to court today.

Leading the way was Selangor's own development arm, Selangor Development Corporation (PKNS), which was fined RM330,000 after it pleaded guilty to committing the offence.

The Sessions Court also fined little-known companies Restu Mantap Sdn Bhd and Dacing Kota Sdn Bhd RM280,000 and RM230,000, respectively.

PKNS and Restu Mantap were charged with two counts of carrying out land works in Bukit Cerakah without approval from Shah Alam City Council (MBSA).

Dacing Kota was charged with two counts of allowing others to clear the land. A fourth company, Green Hill View Sdn Bhd, was charged with similar offences. However, the company pleaded not guilty.

Judge Suraya Othman set May 4 for mention of the case. The company was represented by a director, Ismail Othman. Deputy public prosecutor Salehuddin Saidin said two other developers would also be charged although the summonses against them had yet to be served. They were Indi Makmur Sdn Bhd and Lunarhati Sdn Bhd. Suraya fixed March 22 for mention of these cases.

According to the charge sheets, Lunarhati was a little-known company that had its registered address at the Taman Sri Sarawak Mall in Kuching.

Meanwhile, DPP Salehuddin said land in Section U10 had been alienated in 2000 to the three companies that were fined today. (The area bordered a forested area which acted as the buffer zone for the agricultural park.)

Land works is an offence without a planning permit under the Town and Country Planning Act 1976, which carries a fine of up to RM500,000. And without council approval, it is an offence under the Road, Drainage and Building Act 1974, and carries a maximum fine of RM50,000.

In sentencing, Suraya said she had taken into account the size of the land parcels - the bigger the land, the bigger the destruction caused. She said the sentences should serve as a lesson to developers to be
more respectful of laws, and that it was high time they realised their responsibilities towards society and helped preserve the environment for future generations, instead of only seeking profits.

"These laws and regulations should not be taken lightly or be regarded only as technicalities as they have their purposes and functions, which will be able to safeguard the interest of the public and the country."
Earlier, Salehuddin said MBSA had conducted investigations into the land works last month.

He said the State Government had approved applications for land by PKNS and Restu Mantap on Jan 9, 2000, and by Dacing Kota on March 15, 2000.

In mitigation, counsel for PKNS, Sajali Abdul Ghani, asked for a lower fine, saying the land was about 8km away from the park.

He said the company, represented today by its secretary, Alias Abu Bakar, had proceeded without approvals in its urgency to develop the land. (It was learnt that PKNS' parcel covered 140 hectares.)

Counsel Teh Kai Loon for Restu Mantap said the company had only felled trees on its 20ha, having obtained the Forestry Department's approval on Nov 4.

Teh said it had not known that felling was part of land works. "The company had made a mistake in relying on the contractor's advice that felling could be done on approval from the Forestry Department," he said. Restu Mantap was represented by director Lim Ki Sing.

Also in mitigation, Dacing Kota's counsel, Ahmad Budiman Kamaruzaman, said the company had itself not carried out any works on its 6.72ha and that the land works were the responsibility of neighbouring developers. The company was represented by director Jamaluddin Mohamed.