A Petition to Yang Bhg Dato’ Mohammad Yacob, Yang DiPertua Majlis Perbandaran Ampang Jaya (YDP MPAJ) and the *Ahli-ahli Majlis of
Majlis Perbandaran Ampang Jaya (MPAJ)
Selangor Darul Ehsan
cc YB Tan Sri Abdul Khalid Ibrahim
..........Mentri Besar Selangor Darul Ehsan
.....YB Azmin Ali ADUN
.....YB Hajjah Zuraidah MP
.....YAB Dato’ Seri Abdullah Ahmad Badawi
..........Perdana Menteri Malaysia
.....YAB Dato’ Sri Mohd Najib Tun Haji Abdul Razak
..........Timbalan Perdana Menteri Malaysia
..........Pengurusi Majlis Bencana Alam Malaysia
.....YB Dato Ir Mohd Zain Mohamad
..........Menteri Kerja Raya Malaysia
.....YBhg Dato’ Sri Ir Prof Dr Judin Abd Karim
..........Ketua Pengarah JKR
* Chee will email the petition to a total of 16 ahli-ahli MPAJ found on MPAJ website by 11th Feb 2009
Background
In the early hours of 6th December 2008, a landslide occurred on the land located on a man made slope between Jalan Wangsa 9, Taman Wangsa Ukay, Ampang and Jalan Bukit Antarabangsa, Taman Bukit Mewah, Ampang. Both residential areas are located in what is generally referred to as the Bukit Antarabangsa area under your jurisdiction.
A direct consequence of this landslide was that in Taman Bukit Mewah, located on flat land at the bottom of the landslide, 14 bungalows were destroyed with the loss of 5 lives and several injured. A further 20 houses were damaged and these will require from minor to fairly extensive repair works to restore them to a state safe and fit for occupation again.
Jalan Bukit Antarabangsa was cut off together with Jalan Wangsa 9 located at the top of the failed slope resulting in thousands being inconvenienced due to the only vehicular access to their homes being blocked by the landslide. The affected housing schemes included Taman Bukit Mewah, Taman Bukit Jaya and the various condominium schemes like Oakleaf Park, Kyoto Gardens, Impian Selatan etc.
To date, based on an initial report by JKR, 81 houses have been declared unsafe for occupation and the owners/occupiers prevented from occupying their homes. Power and water supply to these homes have also been disconnected. These homes are located in Taman Bukit Mewah (20 homes), one block in Impian Selatan condominium (27 homes), Jalan Wangsa 9 (23 homes), Jalan Wangsa 11 (3 homes) and Jalan Bukit Jaya 6 (8 homes). This evacuation notice was prompted by concerns regarding the stability of the failed slope which will endanger these houses if there was further deterioration.
As early as a week after the incident, it was made known that the JKR Slope Engineering Unit had proposed an immediate remedial plan for stabilizing the failed slope to prevent further deterioration of the slope and surrounding properties. This plan which included measures like soil nailing of the slope below Jalan Wangsa 9, was submitted to MPAJ as the Local Authority for consideration and further action. To date, more than 2 months after the slope failure, other than work to reopen Jalan Bukit Antarabangsa in time for the new academic year, actual remedial works (other than slope investigation and monitoring works) to the slope has not progressed beyond the initial efforts to cover the top of the slope with tarpaulins, repairing drains and sumps (at the request of the residents) in the vicinity of the failed slope and draining of water from a pool that formed at the bottom of the failed slope.
Currently, the tarpaulin cover to the top of the slope on Jalan Wangsa 9 have ripped, further exposing the bare slope through a combination of movement caused by the further collapse of the lip at the top of the slope or general wear and tear. The edge of the collapsed slope which was at the outside edge of Jalan Wangsa 9 on land belonging to Superview Development Sdn Bhd has now eroded to a point less than 10 feet from the boundary/front gates of some houses on Jalan Wangsa 9.
Why immediate action is needed
There is no disagreement from any party to the fact that the failed slope, if left unattended either by way of immediate slope stabilization or a complete rebuilding to restore stability is inherently UNSAFE. The weather had been benign and there was no repeat of the rain spell experienced prior to and in the immediate few days after the occurrence of the slope failure, but this is only a TEMPORARY reprieve. In the last two weeks, the weather has taken a turn for the worse and it has been raining almost daily. Several minor land slips have been reported in the last week, most recently on 31st January 2009 and 5th February 2009. The slope will fail again if left untreated and this will put in jeopardy the remaining houses located on Jalan Bukit Antarabangsa, Impian Selatan, Jalan Wangsa 9, Jalan Wangsa 11 and Jalan Bukit Jaya 6. JKR’s monitoring of the structures after the landslide indicated that these houses although declared unsafe are in fact structurally sound and have remained uncompromised. It is irrefutable that further failure of the slope due to a lack of action NOW to safeguard its stability will cause this situation to change dramatically and probably irreversibly for the worse.
The Facts
Taman Wangsa Ukay was developed by Superview Development Sdn Bhd (SDSB), a subsidiary company of MRCB, a company listed on the Bursa Malaysia, in the eighties and the whole hillside from the Wangsa Heights Condominium on Jalan Wangsa 7 down to the bottom of the hill demarcated by Jalan Bukit Antarabangsa is a man made slope. This slope generally consists of earth berms (using fill material) with bench or berm drains with some crib retaining walls located behind some houses.
Completed houses located on Jalan Wangsa 3, Jalan Wangsa 5, Jalan Wangsa 7 (including the Wangsa Heights Condominium), Jalan Wangsa 9 and Jalan Wangsa 11 were handed over to purchasers from the late eighties to the early nineties. The houses located in Taman Bukit Mewah were completed in the nineties.
Between Jalan Wangsa 9 and Jalan Bukit Antarabangsa, are located several blocks of uncompleted houses which have been left in an abandoned state since the late eighties with no sign of any activity to maintain them or the associated bench drains within the building lots in a serviceable state. The continuation of Jalan Wangsa 11 beyond the last occupied house addressed No 82, was left uncompleted with no evidence of the road works, drainage and street lighting having ever been completed or installed. A kawasan lapang located at the bottom of the slope was never completed with landscaping or play equipment installed for the benefit of residents in the area. A cursory survey of the state of the land and the abandoned buildings will back up any assertion that there has not been any reasonable effort made to maintain the land or buildings, especially with respect to drainage of the slope, in a manner that could be deemed fair and reasonable so as not to cause nuisance to the adjacent landowners.
In the last few years, SDSB had tried to apply for Development Orders to develop their land located where the slope failure occurred, the last was apparently in 2002, to redevelop the abandoned building lots but these applications were unsuccessful. Meanwhile, maintenance activity on the said land was visibly lacking with adjacent owners on Jalan Wangsa 9 and Jalan Bukit Antarabangsa resorting to calling MPAJ to clear fallen trees or listing trees.
The Implications under the Street Drainage & Building Act
It is clear under the Street Drainage and Building Act that property owners and landowners are not to do anything that will result in nuisance or endanger public health or their neighbors or they can be summarily dealt with under Section 86 of the said Act. There are provisions for the Local Authority (in this case MPAJ) to take action to ensure compliance with this as is provided under Part VI Section 91 (Mandatory Order) of the Act, so that ordinary citizens can live in an environment in peace and safety. In the event that there is clear and present evidence that the continuation of an activity or neglect will result in a threat or damage to properties or lives of adjacent neighbors, the Local Authority and the Land Owner whose property or land is the source of the threat MUST take action or be held liable for damages directly or indirectly arising. The Local Authorities can take action to safeguard public health and safety and then recover costs from the offending landowner.
In this instance, the current state of the failed slope which has already claimed lives and property still represents clear and present danger to the remaining houses located on Jalan Wangsa 9, Jalan Wangsa 7, Jalan Wangsa 11, Jalan Bukit Antarabangsa, Jalan Bukit Mewah 1, Jalan Bukit Mewah 2, Impian Selatan and Jalan Bukit Jaya 6.
This potential of further damages is both foreseeable and preventable if action is taken NOW!
It is apparent that while the MPAJ is engaged in a case of trying to establish or deny blame, this fact of continued and imminent danger to the remaining houses has been overlooked with little regard to the potentially catastrophic consequences of this inactivity. We will hold you and the Majlis Perbandaran Ampang Jaya liable for your negligence in spite of warnings that are clear and cannot be ignored.
The Menteri Besar had declared publicly at a press conference on site on 21st December 2008 that the State and the Local Authority have the power and means to go ahead and act to secure the slope and prevent further damages in order to safeguard property and lives and that the present State Government had the resolve to do just that.
The Jabatan Kerja Raya (JKR) through their Slope Engineering Unit under Ir Kamar Kassim had also stated that they will prepare a comprehensive study of the catastrophe and prepare a report that will cover the cause and effect of the landslide and recommend a plan to prevent a recurrence. This report shall be duly presented on 19th January 2009 to the parties having jurisdiction to be acted upon. To date, there has been no word on the actual status of that report.
Today, 2 months have passed since the landslide, there has been neither confirmation nor activity of any sort to make good on promises made, the slope condition is getting critical and we as the rakyat have a right to demand at least a measure of consideration from those in Authority.
An Appeal for ACTION
Dato’ YDP, we appeal to you as the Yang DiPertua Majlis Perbandaran Ampang Jaya and your good office, who are entrusted with the duty and responsibility to look after our interests in this matter, to act NOW to safeguard our interests as outlined above or we may be forced to hold you and the Majlis Perbandaran Ampang Jaya accountable for any damages whether directly or indirectly arising as a result of no action being taken by you and the majlis Perbandaran Ampang Jaya in spite our our appeals to Dato’ YDP and the Majlis Perbandaran Ampang Jaya.
SIGNED,
Affected and Concerned Residents of Bukit Antarabangsa, Ampang, Selangor Darul Ehsan.
9th February 2009
(This Petition is signed by 90 residents of Bukit Antarabangsa, Ampang, Ampang of whom 2 represent the 208 Owners of the Wangsa Heights Condominium on Jalan Wangsa 7, making a total of 296 Petitioners).
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