Tuesday, May 13, 2008

Barricade row: Court throws out residents' injunction

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 which they claim belongs to them.

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 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.

Lawsuits filed

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 .

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.