Friday, December 12, 2008

Hillslope housing developer sues protesters

Updates, Sun 14/12: The Star has the story, here [Damansara 21 developer sues residents association]. In its BizWeek, an interview with Ms Teh, the property developer's big boss, explains why it's dangerous to freeze the project mid-way!
Having read the interview, I had to carry a correction: each of the 21 bungalows starts at RM10 million, not RM5 million. My apologies for the 50% discount.

Original article:
Four sued in personal capacity. Three months before the Bukit Antarabangsa disaster happened, a public-listed developer sued four office bearers of a residents association.

The suit was filed against them IN THEIR PERSONAL CAPACITY.

The four are:
1) Dato Seri Dr Abdul Shukor Abdullah, who is chairman of the Persatuan Penduduk Medan Damansara)
2) Peter Raiappan, the secretary
3) Randhir Singh, the Assistant Secretary and
4) P. Sudhakaran, a vice president of the association.

Three of the defendants are government retirees. Shukor is the former director-general of Education while Randhir is a former journalist.

The residents have filed their defence. "The residents have started fund raising. We are united," a resident said.

Today, the residents, who have been protesting a hillside development near their homes, were relieved to learn that ..
12/12 FT Ministry has banned all hillside projects on Class IV slopes and temporary freeze on Class III slopes in Putrajaya, Labuan and KL/STAR
However, they are going ahead with a plan to stage a SILENT WALK in protest against the developer, SDB Properties Sdn Bhd, a subsidiary of Selangor Dredging Berhad. "We want the project scrapped".

Some see the FT Ministry's decision this afternoon as a vindication for the four and the residents as the project, which is called Damansara 21, will be freezed.

Shearn Delamore & Co are acting for the property developer. I was told that prominent lawyer Robert Lazar is handling the case against the residents for the public-listed giant. The suit, filed on Sept 2, is believed to be the first by a prominent housing developer against a residents' association.

A resident said he believed the four were being sued in their personal capacity in order to intimidate them and the association as a whole.

To show support for the residents, assemble behind Jakes/Victoria Station around 10 tomorrow morning. Read their blog H E R E. The project is so named as it involves the development of 21 bungalow units, each costing at least RM5 million.

p.s. The Star top editor says he heard Cabinet will order Project 21 scrapped! Read his posting here.

31 comments:

  1. rocky... this is a cause i can support, wholehertedly..

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  2. Anonymous9:53 pm

    these shameless plaintiffs!Randhir and the rest deserve our fullest support.See you there tmow at 10am!!!

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  3. Anonymous10:45 pm

    Kesian nya.
    Dah lah rumah, diri pulak kena saman.

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  4. Anonymous10:56 pm

    why cant these developers understand that hillslope developments are not worth it, no matter how much they spend for upkeep and maintenance?

    i have friends staying in bukit antarabangsa for a long time, and they told me that minor landslips occured way back in the 80s. do we want to take any more risks?
    we have no way of gauging how natural hillslope instabilities can develop over the years. hillslope developments must stop NOW!

    farha

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  5. Anonymous10:56 pm

    Btw, Rocky, the president of the newly formed Bukit Antarabangsa residents association Dr Mohd Rafick Khan has been thundering at the politicians on both sides of the divide for using the tragedy to gain political mileage. Good point, I think.
    I believe this Dr Rafick is a blogger (rights2write). Kalau saya silap, pohon maaf.

    Man Non

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  6. Anonymous10:57 pm

    Salam Bro,
    Long time no hear.

    The typical question posed by a lay man on top of bus mini
    'who owns the Duty of Care and to whom?
    'has the duty of care been breach?'

    Tepok dada tanya semua?

    Can our law lords unshackel the their shackles of previous decision?

    To whome do we owns our duty of care?

    atau sekadar melepaskan batuk ditangga sahaja?

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  7. Anonymous11:25 pm

    all four of them deserves my big support.wholeheartedly.

    i've heard in news that all project on hillside are to scrap immediately.most area around Bukit Antarabangsa are prohibited to anyone starting this 12.00am when JKR declared the groundzero and area nearby unsafe.

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  8. Anonymous12:21 am

    This may by be a classic illustration of the 'Big' guys v the 'small' fries. At least in terms of monetary standing at least. But the laws of the Land do not favour any particular guy or fry, big or small. Not on paper, neither in practice as we would like to believe. So go out and fight the big, powerful and dominating on the level battlefield. The residents have nothing to lose. It's time the rakyat in Malaysia start to realise money nor power is not everything that makes this country goes round.
    malsia1206

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  9. This comment has been removed by the author.

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  10. Anonymous1:45 am

    i wish i can get the lawyer to sue on behalf of the bandar sunway semenyih resident association with some corporate companies. We also face problem with relevent parties
    rocky, can you assist 2,000 families

    zamri, sunway semenyih

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  11. If Hillside developments had been completely banned from the beginning of time, there would be no property development in Switzerland, Monaco and many parts of Europe, USA, UK and Japan.

    The real culprit is the Local Authority (LA)which fails to review, monitor and enforce strictly development rules and regulations to the highest standards.

    Due to corruption the LA closes one eye and often both to development densities, soil tests, quality of materials, construction methods and safety issues. This results in house and condo buyers being issued CF's and keys to sub-standard buildings.

    What is atrocious is that the PM, BN Ministers & MP's should scurrilously attempt to shift the blame to buyers when it is the LA and developers who should be strung by their goolies!!

    My heart bleeds for those who lost their homes, were not insured and have to continue servicing mortgage loans and have become homeless due to no fault of theirs.

    I ask the BN Govt, where is your sympathy for the PEOPLE who pay taxes and elected you?

    Never again!!
    http://donplaypuks.blogspot.com

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  12. This is very strange. I am fully in agreement with their cause, but why is there no mention of the protest tomorrow on their blog.

    Maybe it's just me but I do pay very close attention to details.

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  13. All developers should be named and shamed. Put their faces in the media. Everywhere all around us wanton pillaging of nature goes unchecked while they continue laugh all the way to the bank.

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  14. Anonymous9:42 am

    Rocky

    how do I put these images on your blog?

    www.sdb.com.my/main_about.htm

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  15. Anonymous9:43 am

    Shearn and Delamore? Things big time lawyers would do for money!

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  16. Anonymous9:50 am

    Malaysia is a truly racist country.Just because Selangor Dredging Bhd is Chinese owned,ALL the Chinese Blogs are silent on this issue.
    I can't imagine the furore that these blogs would raise if the developer is Syed Mohktar or DBKL.
    It is frightening that DAP and PKR are totally silent on defending the people of Medan Damansara

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  17. Anonymous10:15 am

    A lot of money would have changed hands during the lobby process...how can they revoke the approval?

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  18. Developer suing
    The game of the court begins
    Intimidation the game of money
    Dragging the residents
    Daring to challenge

    Hillsides developments
    The tragedies came
    Lives were lost
    The sorrows and tears

    Damansara 21 project
    Bungalow lots for the rich
    The government decides to stop it
    Until proper tests are carried out

    Now the legal tussle
    Cowing the residents
    Unity will defeat the arrogant
    For lives are sacred don’t destroy

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  19. Anonymous12:03 pm

    I suggest the blog should change their name from SAVE THE HILLS TO SAVE OUR LIVES

    Please state the population at risks,how many children,senior citizens and physically challenged people

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  20. Anonymous12:27 pm

    PADAN MUKA!

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  21. Anonymous4:50 pm

    >>Malaysia is a truly racist country.Just because Selangor Dredging Bhd is Chinese owned,ALL the Chinese Blogs are silent on this issue.
    >>I can't imagine the furore that these blogs would raise if the developer is Syed Mohktar or DBKL.
    It is frightening that DAP and PKR are totally silent on defending the people of Medan Damansara


    Jeez, some people do have to make a racial issue out of everything. Didn't that so-called 'Chinese controlled' PKR-DAP Selangor govt ban new construction projects on steep slopes? Wasn't Elizabeth Wong one of the MPs behind the ban? etc etc etc?

    Hopefully the residents can get that project halted.

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  22. Anonymous5:47 pm

    hello bro!disaster there?
    HUMAN error?
    BODOWI again?

    woodlands

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  23. Anonymous5:56 pm

    Don't just apply to Shearn Delamore saja fools!!!! Just don't trust lawyers.

    They are scum of the earth, who will sell their soul to the devil and defend satan in any court, if sufficient money is paid!

    IT doesn't matter if they have a kupiah on their head or a crucifix
    chain or buhhist beads or whatever religous paraphenalia.

    The worst are those claiming to be human rights lawyers and yet are rude, arrogant and misbehave like Harris Ibrahim, Malik Imtiaz, Edmond Bon. etc. They are supporter for Ambigau the dizzy and devious Bar Council President and friends of the hypocrit drunkard, Zaid Ibrahim.

    They think they represent humanity. Ptooi! They are the most inconsistent, biggest hypocrits, perpatrators of half truth. Ini semua orang tak sembahyang, dan macam athies tak percaya tuhan.

    People like this, plus the likes of shearn delamore, and bar council committee members shd have their citizenship invoke as per article 25.

    They bring chaos and arnachy to the country. They perpetuate western idealism not culturally compatible with us, easterns. And, they have casued much hardship to the country with their disruptive views.

    Hang lawyers!!!! Liar liars liars ...

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  24. Anonymous9:28 pm

    Damansara Heights and the surrounding areas used to be a respectable residential address but it is all gone now to high density living and commercial ventures.

    Why?

    It is now as busy as the Federal Highway and yet more development is being approved?

    Sheer craziness!

    I do not support nonsensical virgils or rallies but this is one of the rare occassions where I lend full support to ban more development at Damansara Heights.

    No, I don't live there but I share the plight of the pioneer settlers.

    A GOOD MAN DOES NOTHING.

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  25. Anonymous9:55 am

    dear all,

    i am surprised how robert lazar would take up such briefs because to my mind, its against ethics, what more the state of natural justice.

    as a matter of fact, how prominent could lazar be when he takes things in short cut form? i m not impressed the way he advances his arguments in court, as a matter of fact, he is practically dumb.

    people suffering, on the verge on losing houses, yet lazar would allow people to lose houses and protect the interest of developers. to my mind, developers are scum bags. they are even worse than scums. i truly wonder whether the teh family have any conscience at all. i know who they are and they know who i am.

    coming back to lazar, he is no angel. he has to be some snake with connections to get all this going. by going to court and getting a judge to concur with him would be rather appalling in legal nature.

    hence, lazar, you know who you are toying around and also who you basically throw parties for in the light of getting people out of your way and system. you know what i mean

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  26. Anonymous4:05 pm

    Anonymous said...

    Malaysia is a truly racist country.Just because Selangor Dredging Bhd is Chinese owned,ALL the Chinese Blogs are silent on this issue.
    I can't imagine the furore that these blogs would raise if the developer is Syed Mohktar or DBKL.
    It is frightening that DAP and PKR are totally silent on defending the people of Medan Damansara

    To anon 9:50 AM,

    "Malaysia is a truly racist country. Just because Selangor Dredging Bhd is Chinese owned,ALL the Chinese Blogs are silent on this issue......"

    Why turn this into a racial issue?

    If the developers are chinese owned, what about those who approved the project? (The Malay leadership has the power to decide?)

    I think 50 years of UMNO's rule is turning Malaysia into a racist country with its education, NEP and Ketuanan Melayu policies.

    Go get a proper education instead of being brain-washed by UMNO.

    Malaysian.

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  27. Anonymous9:33 pm

    "Malaysia is a truly racist country.Just because Selangor Dredging Bhd is Chinese owned,ALL the Chinese Blogs are silent on this issue.
    I can't imagine the furore that these blogs would raise if the developer is Syed Mohktar or DBKL.
    It is frightening that DAP and PKR are totally silent on defending the people of Medan Damansara"

    Can the writer of the above comment please don't make this a racial issue. Yes, it is because of people like you that Malaysia becomes a racist country!!!

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  28. Anonymous11:45 am

    In the recent Antarabangsa tragedy the 4 people together with the housing victims affected just showed how antara-bangsa it was.
    So while the developers may be of one race or so and the authorities mainly of another...the victims affected just showed us all that in matters like this when it happens dosent "pick and choose".
    The red blood still flows at the end in a tragedy like this.
    So maybe we should wake up and see the light before the stars and moons fall on us all.
    Sama-sama.

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  29. Anonymous1:38 pm

    a thousand apology from you Bro i still accepted but this disaster by human error i can't.
    i just imagine to be a bangla promote malacca and then become a 'dato'.

    JMF
    johor d.t.

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  30. Anonymous2:06 am

    Er....so Genting should also stop work too??

    Hong Kong built their property almost all on hillslope...built tunnels under sea....

    I think its how they built it, with extra care. Not just ban it... The whole world might be laughing at us , how primitive we are, while we claimed we can build the once tallest building in the world, KLCC.

    Sad...so sad

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  31. Anonymous10:52 am

    The suit is rediculous. Has anyone of you seen the state of the hill after being cut for the bungalow development. Bloody dangerous looking. The hill is literally only a few feet from the houses below.

    While on this, I would like to say that lawyers should not take up such cases of Goliath against David. But they will won't they? Money to be made. Who cares who wins or lose.

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