I am quite disappointed that it had to come to this: a group of residents suing a company that is building a transport system for the future. Personally, I am a supporter of the mass rapid transit system and I thought the company, especially its new CEO, had done quite well to continually engage the affected residents. Apparently not. The group that's suing MRT is small but consists of quite influential people. Akhramsyah, for example, is deputy president of the Blog House of Malaysia. They are represented by Tan Sri Aziz Rahman, former managing director of Malaysia Airlines.
Media Release February 5, 2013
Pinggir Zaaba, Taman Tun Dr Ismail Residents files a Writ
of Summons against MRTco
A Writ of Summons against MRTCo was filed today, 5th February 2013 at the Jalan
Duta High Court by Messrs Nik Saghir & Ismail, Advocates and Solicitors who are
acting on behalf of the Pinggir Zaaba (PZ) Taman Tun Dr Ismail residents.
The Writ was filed as a result of the detrimental impact of the MRT’s construction at
close proximity from the front door of their homes, which according to a layman’s
understanding, is the length of two saree’s. The Writ also stated that the PZ
residents seek a declaration to the effect that the entire MRT project in Klang Valley
is illegal, unauthorised by law and therefore MRTco should not commence any
construction of the MRT before complying with all the rules and regulations relevant
thereto.
Discussions between MRTco and PZ residents had started more than a year ago
which looked into a buy-out scheme of “willing buyer – willing seller” proposition.
The proposal was then rejected by the Special Compensation Committee in July
2012.
“After many attempts at reaching out to the Government and MRT Corp to amicably
resolve the matter due to the detrimental impact of the MRT's construction at close
proximity to our homes, we, the residents of Pinggir Za'aba, Taman Tun Dr Ismail,
find our concerns are still without any resolution. Hence, to protect the interest of our
families, especially the health, safety and well-being of our children and elderly, we
are forced to file a civil suit against MRT Corporation today because they weren’t
listening and we know the Courts will.” said Mr Ho Lee Yoke, a resident in Pinggir
Zaaba.
Another resident, Mr Akhramsyah Muammar Ubaidah bin Tan Sri Sanusi added “Our
initial hope was that the MRT Corporation on behalf of the Government would
provide the care and respect due to us whose homes are precariously near to the
proposed MRT railway have been dashed. MRT Corporation's own actions since its
CEO began to personally engage us on the matter through to their
repeated engagements, including meetings to determine the prices they would have
to pay for buying our homes in PZ stand as their own admission of where their
obligations to us lie. Our quiet cooperation was instead rewarded by neglect and
deceit”.
The PZ residents’ predicament certainly bears merit considering the fact that their
homes are within the railway protection zone under the law. Homes within the said
Railway Protection Zone will be automatically deemed uninhabitable and
subsequently worthless in the market. As Taman Tun Dr Ismail is a highly sought
after residential area, the arrival of the MRT project that is too close for comfort near
the homes of the Plaintiffs, this will change the landscape into an area that is shunned by public, property investors and potential house buyers alike. The MRT
infrastructure will deprive the PZ residents of their private and proprietary rights as
well as the enjoyment of their land.
“MRT Corporation continually refuses to acknowledge this reality. There is certainly
no compassion shown towards the PZ residents which seems to pay lip service to
the Government’s slogan of “ Rakyat didahulukan, Pencapaian diutamakan” as
demonstrated by MRT Corporation’s apathy towards the PZ residents plight.” Added
Akhramsyah.
The Writ of Summons that has been filed was an action done without any malice.
Rather, the filed Writ is the PZ residents’ appeal to the judiciary to provide them with
some redress and justice. The residents acknowledge that the MRT project should
be constructed as it would bring great benefit to the citizens of Kuala Lumpur.
However, it should not be constructed in a way that would harm any party,
regardless of the number of affected residents. This would be tantamount to
condoning oppression.
“Last but not least, we still welcome any move to amicably settle this case out of
court” Added Mr Ho.
For further enquiries, please call:
Mr Ho Lee Yoke
Mr Akhramsyah Muammar Ubaidah bin Tan Sri Sanusi