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Thursday, 24 February 2011

DBKL’s attempt to demolish homes illegal, says lawyer

Ex-Batu estate residents, who are embroiled in a dispute with housing developer Mayland Developers, want DBKL to stop interferring in the matter.

PETALING JAYA: Kuala Lumpur City Hall (DBKL) has come under fire for using the Emergency Ordinance to intimidate ex-Batu estate residents who are in a dispute with housing developer, Mayland Developers Sdn Bhd.

N Surendran, who is also PKR supreme council member, said DBKL’s attempt to demolish the houses of the residents was “illegal” .

“What DBKL is doing is illegal. They cannot be using Emergency Ordinance to threaten the residents in favour of the developer,” he said, alluding to last week’s stand-off between DBKL enforcement unit and the ex-Batu estate residents.

On Feb 16, DBKL’s security and enforcement unit comprising lorries, trucks and heavy machinery moved into the residential area of the former estate workers to demolish their homes despite a court ruling.

Negotiations between their legal counsel Muthu Veloo and DBKL officer Osman Ismail earned the residents a two-week reprieve which ends on March 2.

Earlier on Feb 16, the residents led by spokesman V Thilagenthiran had submitted a memorandum to the DBKL and Malaysian Anti-Corruption Commission (MACC) to look into their plight.

The ex-workers have been embroiled in a battle with Mayland since the High Court ruled in the residents’ favour in 2003.

The judgment recognised the rights of the former estate workers as the rightful occupants of the land.

The court ruled that any attempts to evict the ex-estate workers can only be done “with a full hearing and not summarily disposed of”.

Surendran said today that they will meet wth DBKL mayor Ahmad Fuad Ismail on the issue.

“We will obtain an undertaking from the mayor that Kuala Lumpur City Hall will not interfere in the dispute between the residents and the developer (Mayland).

“We will also seek an assurance from DBKL not to demolish the homes of these workers.. This is none of their business” he told FMT.

He said PKR and the ex-Batu estate residents will organise a demonstration on Feb 25, outside the DBKL office in Jalan Raja Laut to draw attention to the residents’ plight.

Apart from PKR members and Subang MP N Sivarasa, several civil society groups including Lawyerw For Liberty, are expected to participate in the demonstration.

Asked if the party had applied for permits to demonstrate, Surendran said: “No… Article 10 of the Federal Constitution allows for ‘peaceful assembly’ whenever and wherever we want as long as it does not harm the public.”

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