3 Julai 2008

Hari ini saya telah dijemput oleh Jawatankuasa Surau Ihsaniah, Kondo Rakyat, Pantai Dalam bagi bersama-sama jemaah yang lain menunaikan Solat Maghrib dan bersuai kenal dengan muslimin serta muslimat yang hadir. Saya juga berkesempatan bersama-sama dalam majlis bacaan Yassin dan Doa Selamat. Selepas selesai majlis doa selamat, saya diberikan penghormatan untuk berucap. Jemaah juga sempat memaklukan kepada saya tentang permasalahan pemendapan tanah di surau tersebut. Terima kasih kepada Tuan Hj Saleh (Pengerusi Surau), Tuan Abbas (Timbalan Pengerusi Surau) dan seluruh Jemaah atas cederahati yang diberikan serta sambutan meriah untuk saya.

Di tengah-tengah kemelut yang melanda saya terbaca surah al anfal ayat 30 yang mengingatkan bahawa Allah SWT adalah sebaik baik Pembalas tipu daya -tatkala orang kafir Quraisy memikirkan tipu daya untuk menangkap, memenjarakan, membunuh atau mengusir.

Ayat tersebut terkandung dalam penulisan Dr Aidh Abdullah Al Qarni -di hadiahkan kepada saya oleh jawatankuasa surau ihsaniah, kondo rakyat. Tersentuh hati saya pabila menerima buah hati tersebut malam jumaat lepas, diiringi dengan buah-buahan, dan juadah makanan sebelum kami semua solat Marghrib bersama.

Lalu saya baca buku tersebut, lantas terjumpa petikan dari Al Quran yang memberi harapan untuk pembelaan serta perlindungan dari yang Maha Esa.

Izzah

The problem faced by Bukit Gasing is one caused by the corruption and unaccountability that the previous administration has bred within its ranks and then populated to the top ranks of City Hall. DBKL has found it easy to disregard the concerns of the ratepayers due to this.

I am outraged to note that -although the courts have granted judicial review on DBKL’s decision to allow the construction, the relevant parties are still continuing works. We demand that the relevant parties immediately obey the stay order issued by the High Court and stop further construction works. The rule of law must be respected and it begins here and now in the case of Bukit Gasing. 

There are two related issues I wish to address today:

Firstly, the WP Pakatan Rakyat MPs including myself have brought up the specific case of Federal Hill to compel the Dato Bandar to exercise his right under rule 5 (2) of the Federal Territory Act 1982 and the Planning (Development) (Amendment) Rules 1994This will pave the way for the cancellation or at the very least forestalling of any other questionable development project, including that of Bukit Gasing – without resorting to the courts. It is stated in the KL Structure Plan 2020 that its objectives are to maintain a judicious balance between development, ecology and national heritage create a Tropical Garden City sensitive to it natural site and appropriate to its tropical regional location. Therefore, we must preempt any move to manipulate the existing land use as stated in the KL Structure Plan 2020.  Therefore we, the Pakatan Rakyat MPs urge everyone here, concerned citizens everywhere to partake in the discussion of the local KL draft plan on the 15th of May. We must remain vigilant in defending our rights.

Secondly, I will continue to exert pressure on DBKL next week to ensure that the developer respects the stay order mentioned earlier. I urge and request that all of you help me in this exercise. We must voice out our strong opposition in unison. That is the only way we can urge change. 

DBKL’s display of unaccountability and lack of transparency in the well documented matter of Bukit Gasing only goes to show one thing. Datuk Bandar asked us in a statement a few days ago to show proof of corruption. We, as the Citizens of Kuala Lumpur ask Datuk Bandar, please prove us otherwise.

News Article from The Star – Tuesday April 1, 2008
Fernandez: Proposal for high-rise buildings should be rejected
By SALINA KHALID

salina@thestar.com.my

THE proposal to build three blocks of high-rise buildings on Kuala Lumpur’s Federal Hill should be rejected because it runs contrary to the low-density and non-commercial proposal for the area in the KL Structure Plan, said local government and town planning expert Derek Fernandez.

He said there was also no need to hold a public hearing on the matter as it would only be a waste of time and money.

Fernandez, who is representing the Federal Hill residents, was commenting on the April 4 date set for the public hearing to be held at the Kuala Lumpur City Hall (DBKL) headquarters.

The residents had been called for a hearing on their objections to the development project on the hill.

The controversial project is located between a Caltex petrol station near the Jalan Travers police station and opposite KL Sentral. The 2.5ha land is categorised as for institutional use (police reserve).

Part of the land (0.62ha ) has been earmarked for the new police offices and quarters. Work on the police facilities started in September last year.

Under the proposal, three blocks of high-rise buildings will be built on the remainder 1.86ha of the land. ) The development will feature two 30-storey blocks and one 16-storey structure with a five-storey podium.

“The project is clearly contrary to the low-density and non-commercial proposal for the area in the KL Structure Plan.

“So the question is, if it is already stated as such, and the mayor knows about it, he should have just rejected the application in the first place. Why did he still call for the hearing?” he asked.

Fernandez also cited that under the Federal Territory Act 1982 and the Planning (Development) (Amendment) Rules 1994, the Commissioner (the mayor) must form an opinion under Rule 5(2) as to whether the proposed development is appropriate for the purposes of proper planning in the first place before calling a hearing under Rule 5(3).

“In the event it is not, the Datuk Bandar (mayor) is required by law to reject it,” he said, adding that even if the mayor thought it was appropriate he could still ask for a further enquiry before calling for a hearing to be held.

Fernandez was speaking to the press after attending a dialogue between the residents, Lembah Pantai MP Nurul Izzah Anwar, Bukit Bintang MP Fong Kui Lun and Cheras MP Tan Kok Wai.
Detailed: Fernandez explaining about the project and its status during a press conference.

The three MPs attended the session to show their support for the residents.

The other KL MPs – from Kepong, Batu, Wangsa Maju, Segambut, Titiwangsa, Seputeh and Bandar Tun Razak – have also given their written support to oppose the land conversion and the construction of the high-rise building.

Meanwhile the Liaison Committee of Sri Bukit Persekutuan chairman Tan Lye King said that they would attend the hearing.

Yesterday, it was reported that the application for the commercial project was submitted to City Hall, yet no approval was granted on the construction of the two 30-storey and one 16-storey structures on the said site. The development order had only been granted for the building of police quarters and offices on the said land.