[Malaysiakini] Barricade row: Court throws out residents' injunction
by Syed Jaymal Zahiid
The civil court today dismissed Bandar Mahkota Cheras (BMC) residents’ application for an injunction to stop Grand Saga from building a barricade on the alternate toll-free road.
DAP Serdang MP and counsel to BMC’s Open Road Committee members, Teo Nie Ching, told reporters that the dismissal was on the grounds that "Grand Saga has given an undertaking to only build the barricades on their concession."
However, Teo (pix) said that she could not ascertain as to whether or not the disputed road falls under Grand Saga’s concession.
"We will appeal and try to have a proper trial against this decision but (I assume) it will not be in the immediate future," she added.
Narajaya Developer - who was responsible for structuring the toll-free access road - had filed a court case against Grand Saga and Malaysian Highway Authority on Oct 4 last year to open the road.
Grand Saga barricaded the road three years ago, a move which upset the residents who had been using the road to enter the expressway without having to pay toll at Batu 11, Cheras.
In recent weeks, the residents had removed the barriers on their own, only for Grand Saga to put them up again.
On Friday night, residents were forcibly dispersed from the site by the police using tear gas and water cannon.
In the ensuing melee, DAP's Segambut MP Lim Lip Eng and BMC Open Road Committee chairperson Tan Boon Hwa were allegedly assaulted by plainclothes police officers.
Lim, who as present in court today, said he only had one question for Grand Saga. "Where is the concession? Show it to us," he said, refusing to make any comments on the court’s decision.
Lim also revealed that Grand Saga has filed civil suits against three parties - Selangor DAP state executive councillor Ronnie Liu, the Kajang Municipal Council and Tan.
He said this is to stop the trio from obstructing Grand Saga staff from erecting the barricades as well as preventing the former from removing them.
The civil suits were filed last Friday, the same day the BMC residents filed their for an injunction.
Liu. who is in charge of local government, had argued that Grand Saga's three-feet high concrete barrier is located on state land and thus deemed illegal.
The federal government has announced its commitment be the facilitator in the ongoing saga following several heated incidents between residents and the police in recent weeks.
Works Minister Mohd Zin Mohamad also urged the opposition not to take the law into their own hands, saying that it will only send negative signals to the business community.
Grand Saga to put up barricade
Meanwhile Grand Saga in a statement issued later in the evening said that with the refusal of the injuction, it would resume the construction of the barricade "on the indisputable portion of the concession area".
It said that it was not given a copy of a survey report from the Survey and Mapping Department that concluded that the land on which the barricade stood was a state land. The report was released to the media by Selangor state exco Ronnie Liu.
"Grand Saga contends that the map is incomplete as there were no coordinates to ascertain the alleged location of the previously demolished barricade and as such Grand Saga disputes the survey findings," said the concession company's executive director Zainal Abidin Ali in the statement.
Zainal also said that the more important issue was about the rights of access and not the barricade.
The company also said that it regretted the series of events leading to the demolition of the barricade which has affected many people.
SPECIAL REPORT: The Grand Saga in Cheras Malaysiakini.
Today's Visitors: 0 Total Visitors: 99