Council wants road completed
Posted by LeeYK
Source: theStar Aug 27
Pic by LeeYK
THE Petaling Jaya City Council (MBPJ) wants the developer TA First Credit Sdn Bhd to complete the missing Ara Daman-sara-Tropicana link.
The issue was discussed during the recent MBPJ full board chaired by mayor Datuk Mohamad Roslan Sakiman.
Engineering director Cheremi Tarman said the developer wrote to the council to inform they would stop work on the road.
“They were advised by their lawyers to stop because of the court injunction filed by residents.
“To continue work, they want a written authorisation letter from the council to give them indemnity from the civil suit,” said Cheremi.
However, legal adviser Abd Muttalib Mohd Ali said there was no need for the council to do so because the condition to build the link as part of area’s development was there from the start.
He added that the developer could continue work on the link because the land was surrendered to the state government.
Councillor Chan Chee Kong said if the developer refused to complete the road, the council could complete it and bill them.
Councillor Tiew Way Keng added that since the condition was put in place, the council could decide not to issue a certificate of fitness (CF) to the developer if they did not complete the link.
Speaking to reporters after the meeting, Roslan said all the conditions requested by the residents who filed the injunction in 2004 were met.
The three conditions were: to complete the Subang interchange, to widen the Tropicana tunnels and to conduct a traffic study.
He said the traffic study was conducted together with that for the Megah Mas and FAS tunnels.
On other issues, the full board has agreed to Tiew’s suggestion for the council to study the implication of lowering assessment rates in Petaling Jaya.
Roslan also announced MBPJ would be implementing the Clean Zone programme for the second year, after Section 52 was selected to be cleaned up under the programme initiated by the Selangor government.
He said they had chosen Damansara Perdana and Dataran Sunway in Kota Damansara to be turned into clean zones.
He urged all councillors and MBPJ officers to work together to improve the condition in these two areas .
The meeting also saw the first public appearance by Damansara Utama assemblyman Dr Cheah Wing Yin, five months after he was hit by a vehicle along the Federal Highway.
Dr Cheah moved about with the aid of a walker with his assistant Richard Yap by his side.
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Nice to see how our government works
The developer has been advised by their lawyers and if there is a court injunction how can the developer proceed? I don’t think it matters who owns the land or if the condition is there from the start. what MBPJ need to do is to strike out the injunction but instead they threaten the developer by not wanting to issue the CF. Well done MBPJ
What is court injunction actually? I am confused cause someone can actually filled a court injuction specifically to the opening of the link road but not other of the developments, where I thougth the link road is part of the area development?
If the developer construct the link road first, can the nearby residency fill court injunction to prevent the developer from building the housing area (while enjoying the convenience bring by the link road)?
TheStar, 21st August:
[Khairul said the developer could go ahead and complete the road because the application for an injunction had not been heard in court.
However, Wan Annuar maintained that while the application was in process, status quo should remain and the road closed.]
If this is true, i don’t see any problem with MDPJ’s instruction in handling this matter.
my lawyer friend says Khairul should go and study law first before opening his mouth.
Dear All, There are two things about the ways a development can be issued a CF or CCC. If the development was approved in the old way, then CF will be issued by MBPJ, and if the development is via new OSC, then the Project Architect will issue CCC. However, MBPJ can still remind the project Architect of the compliances of all development order issued before project architect can issue CCC, no more MBPJ to issue CF.
First and foremost, get a copy of development order or planning approval from MBPJ Planning Department to understand what are the conditions of approval, and also the approval from engineering department for the development to be approved for commencement of development. You guys can write to Board of Architect and Board of Engineer to seek their guidances with respect to the professional conduct of their mmembers. You may seek further clarifications from PCB or Pemudah if necessary.
If you wish to write to PCB, try the Director General of PCB, Datuk Dr Tam who can be reached via tam@pcb.gov.my, and he will respond very qucikly as possible. If possible those residents who had filed injunctions must be listed and counter suits could be brought against them if you guys can establish the facts and data on those needs and plans as approved. I wonder how they could have been issued CF or CCC if this major entrance had not been completed as standard practice to enable a CF or CCC to be issued to occupy the residences. There could be interesting facts which you could request and write to both Board of Architects and Board of Engineers and refer their project Architect and Project Engineer for such actions in whatever manner. As a professional, the license to practise is given by the respective boards, and their conducts are also governed by the boards. In this case, there are serious possibilities of breach of professional conducts. Can any one of you find out who are these project architect and project engineers?
This shows how malaysian like to act..why always takut?
MBPJ please issue a new instruction to developer for them to wake up and complete the job…it seems like we are dealing with idiots..!
@riz: who is the idiot here? The developer or MBPJ as the developer is quite correct to say they have been advised by their lawyers to stop work in the face of the injunction that has been filed. But MBPJ would look like an idiot is they push the developer to go against the law and for that reason I think the developer is asking for the written authorization and indemnity. My two cents worth
An injunction is a “court order” requiring a person, corporation, or government entity to stop doing something and refrain from doing that thing in the future. It has to be “granted” by a court of law before it is effective. An application for injunction has no effect until it is granted although it is served. Therefore, MBPJ is not wrong to request the developer to proceed with the incomplete work. The lawyer friends of those who said otherwise should reconsider their statements. Also, injunction is very expensive to apply and the court may or may not grant it as It has to take into consideration many factors surrounding the case. In this case, I believe the developer may have other reasons not to complete the link as required.
I am not a lawyer, but I think what ck_lee said make perfect sense. Until the injunction is “granted” by court, nothing should stop the developer from completing their job. Unless, there is some hidden agenda.
Until yesterday, nothing has been started. No sign of machinery mobilization so far. I presumed the developer decided to play ignorance to MBPJ’s instruction. Good news is, the traffic light at Ara Damansara right after the link is functioning now. At least that will help to give clear indication for drivers using that link to exit.
@ck_lee, I hope you are not a lawyer cos I will be worried if you are. Its best to seek legal opinions from qualified lawyers before you confuse others. As the malay saying goes ‘tin kosong banyak buat bunyi” or something like that.
@loyarburok
Before you open your mouth or post yr comments/criticise/condemn others,pls get your fact right or else you also like a “tin kosong”.
I have check with one of the “qualified lawyer” pls read the reply.
“DIORA just filed the application for Injuction since the case is only fixed for hearing on September 2010. Since TA has not been served with the Notice of Injunction (“prohibitory notice/order”) from the Court, they are not prohibited from doing the road construction.
Once they (TA) received the notice from the court (duly endorsed by the court), only then they should stop all the work.”
well, for the talk we do, there is still nothing that is being action-ed by the developer. i think the road is still very much the same. so much for the encouraging speech by mbpj.
anyway, what is the exact date for the hearing? will mbpj be attending the hearing?
Actually I am not “tin kosong” but rather the “stone” that dropped into some kind of “tin kosong”. I wonder who actually “banyak buat bunyi” – the “stone” or the “tin kosong”?