[Malaysiakini] Confirmed - Cheras residents can tear down concrete barrier
~ by Syed Jaymal Zahiid
The Hulu Langat land office has confirmed that highway concessionaire Grand Saga has no rights over a stretch of road in Bandar Mahkota Cheras (BMC), over which it has had a long-running dispute with residents.
In a letter, assistant district officer Norhanizatuazwin Samsuni stated that Jalan Cheras Lama was acquired by BMC developer Narajaya Sdn Bhd, according to the Selangor government gazette dated May 27, 2003.
Addressed to DAP Selangor executive councillor Ean Yong Hian Wah, the letter also stated that the road immediately in front Jalan Cheras Lama belongs to the federal government and not to Grand Saga.
“What this means is that Grand Saga has no right to erect any barricade and that BMC residents have every right to remove it because it was unlawfully erected,” he told residents at a press conference held at the site.
“Even if Grand Saga wants to build another barricade on their land, they have to go through the Kajang Municipal Council (MPKJ) first and then deal with the Malaysian Highway Authority.”
This corroborated the findings of an independent survey by Jurukur Berjaya, hired by residents. Based on markers approved by the National Department of Survey and Mapping, the surveyors found that the barricades had been erected on a road belonging to BMC.
The firm’s representative CK Khoo, who was at the press conference, said his team is confident that the survey firm hired by both Grand Saga and MPKJ will yield similar results. A report is expected to be released tomorrow.
BMC residents have been demanding the removal of the concrete barricade which has prevented them from accessing the Cheras-Kajang highway without having to pay toll.
They have argued that the access road is part of a package offered by the housing developers. Completed in 2003, the road was sealed off by Grand Saga two years ago.
Since then, residents have to make a 6km detour and pass through a toll booth, paying 90 sen, to enter the highway [See Google map below]. They have also complained that the detour causes traffic jams.
The residents have held numerous protests, including one which saw many of their leaders arrested for participating in an illegal assembly.
The barricade was torn down by residents last Monday, following confusion over the status of the land. This has allowed motorists to use the access road and bypass the toll-booth.
The article above is taken from "Malaysiakini" .
Malaysian Bar Council 
1樓
1樓搶頭香
woh ha! celebration time come on!! (the music
starts playing)
2樓
2樓頸推
Is it possible to sent back the teared concrete barrier as a
gift to our dear old previous minister at the work ministry and
to the rightful owner of the that not so grand saga house, to
let them feel the pain we have endure. Gift from the rakyat.
Also since the road does not belong to them and they deprives us
of the facilities to use the road for 2 years, can we charge
them for the pain we endure?
3樓
3樓坐沙發
The Victory of Rakyat! Former MB Khir Toyo,
Sammy Vallu & Grand Saga should compensate
lost of residents in BMC & Sg Long.
YB Teo can the resident in these 2 residential
areas take legal action to ask for
compensation?
Ah Boy
4樓
福樓
Inilah "Makkal Sakthi" - people power! Kalau
Si Sammy & K Toyo tak pergi, manalah kita ni
dapat sambung jalan balik? Jadi, rakyat
Malaysia sepatut sedar sekarang, BN ni dah
lama sangat di atas, di..orang ni langsung tak
paham apa rakyat jelita nak! oleh itu kita
sepatutnya tukarkan kerajaan pusat di pilihan
raya yang akan datang!
Sahidi - penghuni Sg. long
5樓
專業的5樓
Vincent Choong,
I strongly urge the residents n BMC & Sg. Long
to set up a committee to study the posibility
of taking legal action to sue the relevant
party. Pakatan Rakyat got a lot of good
lawyers, I'm sure they are willing to help.
(YB Teo, am I right?)
Ah Boy
6樓
6樓
I think you should get the Parliament to pass a resolution to
disallow the toll company from listed on the stock exchange
because the toll is collected to the benefits of the people but
not to make profits after profits. It only make sense to me
that the construction company to be listed but not the toll.
7樓
7樓
I strongly agree that the residents should ask for
compensation for all the pains endured from Grand
Saga. They have been victimized unlawfully by the
daylight robbery!
Lets test Pak Lah's sincerity on judiciary reform.
8樓
8樓
Tan,
not possible on your suggestion.
Listing decisions are subject to
Securities Commission and Bursa
Malaysia.
Unless there is a strong legal case
against the company, or suspected
financial irregularities or track
record, a company is free to list if
it meets the listing requirement.
Don't forget, there is EQUAL
opportunity in a democracy.
Public can punish the company though,
by not taking up the IPO
9樓
9樓
Vincent & Ah Boy & Eric,
It is not impossible to sue Grand Saga for
erecting the illegal barricade. the question
is who should be the Plaintiff?
First, I do think the residents from Cheras
Mahkota have the locus standi to file a suit
against Grand Saga. But the issue is cost. To
commence a litigation suit for damages will
take years to complete. And of course the
legal fees will be a substantial figure. I
wonder if the residents will be agreeable to
bear the costs for suing Grand Saga for
damages.
10樓
10樓
The other possible Plaintiff will be MPKJ or
State Government. No doubt MKPJ can issue
summons to Grand Saga for erecting the
barricade without their approval. But without
doing further study, I don't think they can
sue Grand Saga for the damages.
Not to forget that MPKJ and State Government
were both culprits for causing such great pain
to the residents in Cheras Mahkota. Should
they take the necessary action earlier, this
issue could be solved much earlier. Without
saying further, we all know why the State
Government and MPKJ did not do the right thing
earlier.
my 2 cent thoughts
11樓
11樓
Thanks to Pakatan Rakyat to open up the access
road, No regret Vote DAP. WE appreciate your
hardwork.
From: DAP Supporter, BMC.