Saturday Forum, NST SATURDAY DEC 9 2006
Comment by Derek Fernandez

Very little has been learnt from the Highland Towers tragedy on Nov 12 1993. Since then there have been at least 12 major landslides, killing people and destroying property. Experts warn of more to come, especially in areas well known to be at risk, such as the slopes of Bukit Gasing, where a developer proposes to build 146 luxury bungalows.

Kuala Lumpur mayor Datuk Ruslin Hassan told a Press conference on Nov 23 that the project had not been approved and that some clearing in that area was for soil testing purposes. However, residents subsequently revealed evidence of extensive clearing of land and felling of trees in a letter to Ruslin.The residents have substantial grounds for concern as about half of the land is situated on Class 3 and Class 4 slopes (exceeding a 25 degree gradient), classified as dangerous and critical slopes respectively. In addition, 26.3 per cent of the land has a gradient above 16 degrees. The soil consists of sandstone and shale, making it susceptible to erosion and unstable when wet, a fact confirmed by several geological studies.

Universiti Kebangsaan Malaysia geological engineering expert Prof Ibrahim Komoo has warned that no development of any kind should be allowed on Bukit Gasing, especially in areas exceeding 15 degrees gradient, because of the great danger of landslides and soil erosion. And Minister of Natural Resources and Environment Datuk Seri Azmi Khalid has also said that property development may only be carried out on highlands with a gradient of 15 degrees or less. Abandoned bungalows, broken drains, extensive erosion, flooding and landslides around many parts of Bukit Gasing confirm the experts’ conclusion.

The developer had earlier sued Kuala Lumpur City Hall (DBKL) over a two-stage development order in 1999 for 82 lots. The Court of Appeal agreeing with DBKL’s right to impose a two-stage development order, labeled is as “preposterous” the developer’s claiming that in imposing the two-stage development order, DBKL was required to purchase its land.

Since 1999 the developer has been unable to fulfill DBKL’s requirements and the area has become more dangerous, with an increase in landslides and erosion, and the construction of a 21-million-gallon water reservoir at the top of Bukit Gasing by Syabas.

The 5,000 residents living at the foot of the hills want to know who is going to be accountable for a tragedy after the units are sold, since DBKL is entitled to claim immunity under Section 95(2) of the Streed, Drainage and Building Act 1974 as the Ampang Municipal Council did in the Highland Towers case. Are the developer’s consultants going to be liable and, if so, are they adequately insured?

The fight against this 15.38 hectare site is also part of a broader campaign to save the Bukit Gasing green lung. This area comprises 154.67 ha excluding the 15.38 ha owned by the developer. In the 1990s, four Bukit Gasing residents started a campaign urging the Selangor Government not to degazette some 37.7 ha on the Selangor side for development. Their efforts culminated in protection being accorded to the 37.7 ha.

The gazette was maintained and further protection for Bukit Gasing was incorporated into the Petaling Jaya 1 Local Plan as a forest park. But this green lung, that is home to a wide variety of plants and animals, is constantly threatened by activities on the Kuala Lumpur side. Survival of the 37.72 ha is dependent on the existence of the 116.96 ha of green lung in the capital’s jurisdiction. Because of the steep hill slopes, water catchment areas and oxygen-generation capabilities DBKL has always agreed upon in principle that the green lung on its side be preserved. But numerous pieces of land were alienated to developers, gradually eating into the green lung.

The public and environmentalists tried to resist the damage with varying degrees of success.

Finally, the Kuala Lumpur mayor Datuk Mohamad Shaid Mohd Taufek promised in 2002 to gazette and protect the 116.96 ha on the Kuala Lumpur side and, if necessary, to acquire back those pockets of land that were already alienated. He further pledged to strictly enforce hill slope guidelines in the area and Klang Valley in general.

The Kuala Lumpur Structure Plan 2020 reserves the status of the Kuala Lumpur side as a green lung/green area. After it was passed, the public awaited the gazetting of the 116.96 ha which was supposed to be completed by the end of 2004. It was thus a shock when the then Federal Territories Minister Tan Sri Mohd Isa Abdul Samad said in June last year that 40 per cent of the land under DBKL would be developed while the rest would be gazetted as a green area. There was a huge public outcry.

The mayor explained that DBKL required some of the low-lying land in Bukit Gasing to provide low-cost housing, public amenities, parks and schools, and it would gazette a total of 53.14 ha as a green belt.

The Federal Territories Minister after meeting with residents and non-governmental organisations, requesting DBKL in October to look into gazetting another 11.45 ha surrounding a river.  We hope DBKL will gazette this additional 11.45 ha. Hopefully the 15.38 ha will also be acquired by DBKL as part of its commitment to increase open spaces for Kuala Lumpur.

Our environmental heritage in Bukit Gasing is being eroded gradually. Green lungs cannot work in small areas and Bukit Gasing is fast becoming half a lung. At stake is not only our quality of life but also the risk of loss of lives and property and environmental degradation which will almost certainly occur if the rape of Bukit Gasing continues.