File Pix: The landslide in Bukit Antarabangsa on Dec 6 last year

BUKIT Antarabangsa residents are considering suing the Ampang Jaya Municipal Council (MPAJ) for negligence for the tragic Dec 6 landslide if the council does not compensate residents.

Secretary-general of the Bukit Antarabangsa Action Committee Raymond J, said that the committee would first want to settle the matter through goodwill where the relevant authorities agree to compensate the residents.

“We want to do things in a proper manner. However, in the event that our proposal is not welcomed, then we would not hesitate to pursue a legal suit against the responsible parties.”

Raymond: We want to do things in a proper manner

He said prior to the landslide several residents had filed complaints with the council on little cracks in their homes, drainage problems and many others. The problems were tackled at the surface and very minimal consideration given.

“This weekend we will be meeting our solicitors and after that we plan to have a meeting with the residents to decide on a specific course of action.”

A committee member for the action committee, Lok Hui Yen, said if there was negligence, someone has to be accountable for it.

She said residents had suffered enough, bad enough the disaster but the after effects of having to vacate their homes and live away for the last 11 months.

“Now that we know it was not a natural disaster, I think it's only fair for us to be compensated, for being forced to leave our homes, some of which were broken into.”

Lok also said that a legal suit would be a last resort if the relevant parties and the residents can’t come to an amicable solution.

“We have gone through too much. I think it’s only fair that we are compensated for our losses.”

On Wednesday, Selangor Menteri Besar Tan Sri Khalid Ibrahim declassified the Dec 6 Taman Bukit Mewah, Bukit Antarabangsa landslide report.

The document that was prepared by the Public Works Department (PWD) was kept as a secret document all this while until it was made public by the State government as it felt it was a matter of public interest and the people, especially residents in the area, had the right to know the contents of the report.

In the four-page summary that was distributed to the Press, it was stated that the technical committee decided that the main cause of the landslide was leaking pipes from active water pipe lines where it had increased the content of water in the soil in weakened slope areas.

It also stated that based on the study, the landslide was caused by a combination of loose soil structure on the slope during development, lack of maintenance, maintenance or faulty drainage system on slopes and surrounding areas, high rainfall in October and November 2008 before the landslide occurred and continuous cracks in soil causing present cracks to enlarge resulting in new cracks appearing.

Question is, will council be made to pay?

WILL history repeat itself?

In the 1993 Highland Towers condominium collapse where 48 people lost their lives, the Ampang Jaya Municipal Council was held not liable for losses suffered by the 73 owners of the other two blocks of condominiums who had to evacuate the area.

The Federal Court reached the decision in February 2006, where the court ruled that local councils cannot be held liable for losses suffered by anyone should a building collapse. The council was also not liable in the pre-collapse period as well as post-collapse period of Block One.

The three-panel judges decided that the council was given full immunity under Section 95 (2) of the Street, Drainage & Building Act 1974 (Act 133) from claims for the pre-collapse period.

The majority decision delivered by Justice Abdul Hamid Mohamad said that if local councils were made liable, it would open the floodgates to further claims for economic loss, and this would deplete the council's resources meant for the provision of basic services and infrastructure.

However, the council was not spared under Section 95(2) of the Street, Drainage and Building Act as it was a case of negligence in failing to formulate and implement the master drainage plan so as to ensure the stability and safety of the adjacent two blocks (Two and Three).