Taman Tun Sues MRT

 

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.