December 31, 2010 Our 6th letter
Yang Amat Berhormat Tan Sri Dato’ Seri Abdul Khalid Ibrahim (khalid@selangor.gov.my)
Chief Minister of Selangor
Pejabat Menteri Besar Selangor
Tingkat 21, Bangunan SSAAS
40502 Shah Alam
Dear Mr Chief Minister,
Subang Jaya & its Town Park
This confirms that we had not heard from you on our last five letters to you since 17/11/2010.
2) Please note that silences will only be taken as an admission and not a rebut of what we had presented to you. Please be reminded that you have obligations to clarify the discrepancies we have found on the title as well as the procedures you and other parties had gone through so far on our Public area under TCPA, NLC, PC (Penal Code), etc..
3) We had also taken the efforts to seek clarifications from your subordinate departments concerned – such as JPDB, Appeal Board and Land Department. However, same goes silent. The Land Department has confirmed received our claim to Defeat the Title but denied and ignored the obligation to register the Claim on the Registry of the Title and to advise parties concerned so as to stop any further offenses, under TCPA, NLC, PC, etc.. At least there is an offense of PC 166 if continued to do so.
Should 2) & 3) happen in a CAT Government under your leadership?
4) We wish to draw your attention that silence, will has no mean, to escape accountability. Legally, it will only give a stronger sign of desperate Breach of Duties under Penal Code with a more serious penalty when parties have duty to perform, prevent or protect. Any “new” person or party continues to act so will at least be accounted for Abetment and will be considered as having the same offense on the acts. The penalties could be accumulative if they are not stopped immediately.
5) We believe legal accountability cannot be avoided in this case. And, we would like to present out view as follows:
a) The alienation, as mentioned, is a kind of Misappropriation and Breach of Trust by the Public Servant who has duty to perform prevent and protect. The offense is under PC 409 which carries a penalty of 2-20years + +. The issue of the Title and other subsequent actions had made it an open misappropriation with NO DEFENSE available under PC 409A.
b) The alienation is without authority or jurisdiction resulting the issue of a Title which has at least caused the wrongful loss of the owners of Subang Jaya on having the Town Park and provide an excuse for Sime and MPPJ/MPSJ not to provide and maintain the Town Park. It is FORGERY under 460 with possible penalty under PC 467 or 468 with imprisonment of up to 20 years or 7 years respectively.
c) When the Title is used as genuine, as in the case when Sime was/is applying for conversion/subdivision/development, PC 471 will be imposed. It will be considered of the same offense of making the forged document.
d) All Departments concerning the Development, such as JPDB, PTG/PTP, MPPJ/MPSJ etc., are having copies of Master/Local Plans to provide the basis for decision whenever any application of conversion/subdivision/development comes. Sime had applied in several occasions since 1998 with the latest 2009/2010. Obviously, all Departments concerned has omitted to verify the status of the land and the title with the Plans, thereby had facilitated the use of the Title. We believe PC 166/167 will be applied to include 117/119 when Abetment is found
e) We believe more offenses under PC, TCPA, NLC, LGA, etc., can be found and to include other parties who had claimed interest without the legal standi under TCPA, NLC, etc..
6) Please see that PTG cancels or revokes the Title with our Claim registered.
7) Please exhibit the Master/Local Plans of Subang Jaya with list of the Approval terms, preferably on a website. Gazette if necessary that the Plans constituted the Structural and Local Plan of Subang Jaya.
We will file our complaints with MACC and the Police if these are not done within TWO weeks with Public Announcement and an email to us.
We hope to see you Walk your Talk on providing CAT.
For Proprietors (under STA) in Subang Jaya
Cc: Dato’ Adbul Nasir bin Hassan , Director, PTG
Dato’ Mohd Jaafar bin Mohd Atan – Director, JPBD Selangor
Selangor Appeal Board – YB Dato’ Abu Bakar bin Awang and his Panels
YB Lim Kit Siang, The People Parliament, TIM, NutGraph, MalaysiaToday,
YB Hannah Yeoh, Sinchew Daily, China Press, Malaysiankini, The Sun Daily, MalaysiaInsider,citizen-nades@thesundaily.com, crimewatchmalaysia ,
Free Malaysia Today,
Subang Jayans and those who have the Interest and Duty to receive