Open space 'poached'
R. Nadeswaran and Terence Fernandez

PETALING JAYA (Jan 21, 2007): The Ampang Jaya Municipal Council (MPAJ) broke all rules and  defied a ministerial order by allowing development on land meant for the benefit of  residents.
 
Instead of preserving the open space reserved by the developer for public use, the council in 2000, approved the construction of commercial buildings on the land -- defying a directive from then deputy prime minister Datuk Seri Abdullah Ahmad Badawi to gazette all open space to prevent "poaching" by developers.

MPAJ gave the go-ahead for a "light industry" project on a 1,500 sq m site off the Middle Ring Road II (MRR II) in Pandan Indah. The developer, Pembangunan Jujur Sdn Bhd, had set aside the land for public amenities such as a post office, health clinics and recreational facilities.

Following protests over the years on the misuse of the land, the Hulu Langat District Office warned that the buildings were being occupied and operated without proper authorisation.

In a letter to MPAJ last July, assistant district officer in charge of land matters Mohtar  Hani said the industrial zone had started operations without planning approvals. He recommended that the operators apply for a temporary occupation licence (TOL) while this matter is sorted out. But to date nothing has happened.

When the area was developed in the late Nineties, Pembangunan Jujur set aside the land in the approved master plan to be handed over to MPAJ. (This is to fulfil one of the conditions for a development order).

It is government policy to prohibit any form of development on such land except for "facilities beneficial to the residents". In this instance, it was zoned as tanah lapang or open space which is usually demarcated as "reserve".

No attempt was made to change the zoning for commercial development. (Only the state executive council can change the land use.) But, without changing the status of the land,  MPAJ approved an application from the Hulu Langat branch of the Selangor Malay Petty Traders  Association to build the commercial zone.

The association gave these reasons in its application:

* the land was "unsuitable" for recreational purposes as it was next to the MRR II;

* it needed to group the numerous auto workshops and light industries owned by its members that dot the area; and

* "achieving goals set for the New Economic Policy".

However, the development has not met the stated objectives. While there are workshops  operated by non-members, they are not "small and medium factories" as claimed. In fact the land now houses showrooms, a furniture mall and even the service centre for the state assemblyman, Datuk Mad Aris Mad Yusuf.

Most of the lots are rented out and managed by Pandan Puri Corporation Sdn Bhd. The director of this company is Mohammad Abdullah, 49, the president of the association's Hulu Langat branch. Pandan Puri's other directors are Jalaluddin Zainal Abidin, 54, Nasir Saian, 47, and Ab Samat Mohd Ali, 43.

Jalaluddin is the chairman of a sub-committee set up (by the branch) specifically to "acquire" the land while Ab Samat is the treasurer and Nasir a member. The association's bid was supported by Mad Aris who attended several meetings with MPAJ and the district office.

Now residents are asking why the council surrendered its rights and where it is going to find space for public amenities.

The project was approved at the planning committee meeting on Oct 25, 2000, which was  attended by 13 councillors, including Mad Aris, then MPAJ president Ahmad Kabit and council  secretary Adailami Mohd Amin, and passed at the full council meeting the following week.

It was also agreed that MPAJ would plant trees along that stretch of the MRR II to conceal  the commercial zone. But nothing has been done.