Mother of Malaysian Property Bullies!! (3)

Open Appeal

To: Selangor Appeal Board at lrselangor@jpbdselangor.gov.my First Letter

PENGERUSI , Y. Bhg. Dato’ Abu Bakar bin Awang

TIMBALAN PENGERUSI, Y. Bhg. Tuan Hj. Nordin bin Sulaiman,

AHLI PANEL LEMBAGA RAYUAN

1. YB Dato’ Hj Azmeer bin Rashid 2. YB Datin Teh Zawahir binti Abdul Malek

3. YB Tuan Ho Khong Ming 4. YB Prof. Ezrin Arbi

5. YB Tuan T Mahesan 6. YB Pn. Hajjah Norasiah binti Yahya

7. YB Dato’ Hj. Abdul Mutallid bin Jelani

PENDAFTAR En. Mohd Zainuddin bin Jumaat

URUSETIA

1. En. Amarakaran A/L Karthingasu 2. En. Yuen Kai Tuck

3. Pn. Azlina bte. Asiar 4. En. Nooryaddy bin Mohd Panut

5. En. Balakrisnan A/L Mayandi

From: Owners/Proprietors of Subang Jaya (under STA, TCPA, LGA,…)

Re: Subang Town Park “Taman Subang Ria”, Title PN7020, illegally issued to Sime EUP

DD: 20/12/2010

Cc: YAB Tan Sri Dato’ Seri Abdul Khalid Ibrahim – Chief Minister of Selangor

Dato’ Mohd Jaafar bin Mohd Atan – Director, JPBD Selangor

YB Lim Kit Siang TIM MalaysiaToday MalaysiaInsider NutGraph YB Hannah Yeoh Malaysiankini Free Malaysia Today The Sun Daily

The People Parliament crimewatchmalaysia Sinchew Daily China Press

Subang Jayans and those who have the Interest and Duty to receive

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With due respects, please disqualify the Appeals on basis:

1) We had been notified by MPSJ for an objection hearing in July 2007 on subject matter, even though they did not in full compliance with TCPA. Inter alia, opened to non-owners of Subang Jaya, including residents from USJ. We had filed objections with MPSJ on basis:

The title (on Lot 17394) is invalid as it is on part of the landscaped Water Retention ponds designated as Town Park or Taman Bandar in Subang (SS12-SS19) Master Plan since 1970’s. It falls under “drainage” of the “Utilities” in TCPA. As such It is Public area (=Commonly owned by the “owners” of the Development) and thereby, does not qualify for the issue of an individual Title under NLC and it is outside the Jurisdiction of the State and so the Local government to change the status or re-alienate. The Park should be provided by Sime to be passed to the custody of MPPJ/MPSJ for up-keeping under LGA in 1986/87 when the Development was deemed completed.

Part of the Lot was used by SJ Medical Centre to build car park without public hearing. We heard that Sime had withdrawn and we heard no more from MPSJ.

In fact, any change or re-alienation is a violation involving the Breach of Trust and misappropriation for the latter which constituted Fraudulent. The “transaction” in 1986 described in the CM Press Statement in March 17, 20101 involved collusion with bribery. Any one of the irregularities or offenses mentioned above justifies the Title is to be defeated under NLC S 59 by anyone having an interest in, such as we, the owners of the Development.

2) We only bumped into the matters again when we came across YB Hannah’s blog

http://hannahyeoh.blogspot.com/2010/03/mb-releases-classified-information-on.html

http://hannahyeoh.blogspot.com/search/label/Taman%20Subang%20Ria in November this year, to understand that the matter was repeated in 2009 but we were not informed. From the Sequent of Events, Press Statements from the Chief Minister, Press Statement from Sime, etc.,

i) we do not see that they comply with TCPA with the understanding that they work with RAs (including USJ), JKP (MPSJ councilor) and not the owners as per TCPA, LPA or STA.

ii) The essential information for possible (but unnecessarily as in Point 1 above) are missing from the State or MPSJ. Such as the Subang (SS12-19) Master Plan, the Title, the Proposals, etc. We are not informed with details of the State and MPSJ’s approval or decision for any chance of objection or Appeal which should be based on the Master Plan of 1970’s.

iii) http://hannahyeoh.blogspot.com/2010/11/press-release-by-menteri-besar-on-taman.html indicated that the State Approval was from State Planning Committee or MTES (Mesyuarat Tindakan Ekonomi Negeri Selangor) which is NOT an authority to give State approval . (http://www.sun2surf.com/article.cfm?id=11759))

Again, any one of the irregularity in 2) is sufficient to nullify the approval or decisions made by the State and MPSJ. Therefore, it cannot be a base for any Appeal for the Appeal Board to go through in Dec 28, 2010 but to cancel or revoke the Title and instruct Sime and MPSJ to provide the long overdue Town Park to us.

FURTHER PARTICULARS

3a) The Press Statement of Sime in http://www.sjecho.com.my/article/1126,

Dato’ Tunku Putra Badlishah, Managing Director of Sime Darby Property, stated:

“The 72.63-acre property was alienated to Sime UEP Properties Bhd by the Selangor State government in December 1987 and it has never been part of the Subang Jaya development Master Plan, which was approved by the Local Authority (Majlis Bandaran Petaling Jaya) in March 1980 and therefore not part of Subang Jaya’s open space requirement”

3b) From www.sj-ra.blogspot.com, on 22/11/2010, (copy attached)

The title indicates LOT 17394 is amalgamated by Lots 3065, 3067, 1126, 1073,983 & 4246 with category empty. Besides violation as in Point 1, it also violates

i) ALIENTATION beyond Agricultural, Building or industrial and moving away from preset condition and restriction of use of land as in the Master Plan that they should be for Town Park or Taman Bandar or the LLN Reserve for Lots 1126 & 983 with TNB reserve. Lot 4246 is for the Lake View Club!. Part of it already used by SJMC for their Carpark in April 2007 without TCPA compliance.

ii) Amalgamation beyond 4ha.

The Sime Proposal was same as the one in 2007 where Wangsa Baiduri was included in the calculation of the Development.

The Sales Brochure of UEP for Suang Jaya clearly indicated Taman Subang Ria was marked on the 4 Water Retention Ponds including the area for the then Wangsa Baoduri.

3c) From the Court case, EMKO PROPERTIES SDN. BHD. V. LEE CHOONG KHENG No. 24-540-1990, Lots 3067 & 1127 were in joint-venture in 1984 by PKNS (holding the land since 1979) with Emko for the Wangsa Baiduri “Condominium” Project approved by MPPJ in 1986.

Part of Lot 3067 only returned to the State in 1993 for passing to MPPJ to maintain with remarks of “NO FURTEHR DEVELOPMENT”. Lots 3067 &1127 being part of the Subang Jaya “alienated” to PKNS is another misappropriation of part of the Town Park and violation of Subang Master plan to have additional development such as Wangsa Baiduri.

In fact, the violations continued in Wangsa Baiduri with the common Property & facilities of the Project, the Club Complex (Holiday Villa) (in 1987) ,and, half of the condo land of Spring Villa (1993/4) “moved” into the pocket of “ERMS” & Emko. MPPJ/MPSJ had not provided the mandatory recreational area for the Townhouse as well up until now, despites the terms keep repeating in each and every subsequent approval for Spring Villa & Summer Villa (1990), Subang Meridian (1994), Subang Boulevard (Re-activate of Subang Meridian from 17-storey to 30storey in 2003) and the Subang Boulevard II in 2007/2008 being the latest and last (?) making the total 1710 units instead of 1429 as in the Master Plan of Wangsa Baiduri. These approvals happened when Lee Hwa Beng was the Councilor of MPPJ and Assemblyman in MPSJ involving the Approval. Besides the Club Complex”, there are 3 common Properties in each of Spring Villa and Sumer Villa were misappropriated by the Land Office to provide titles to Emko. With running dogs and manipulation of the MC, they was assigned to Emko by Deeds of Settlement without proper procedures. Land office allowed Emko to convert the land to Apartment before issuing Strata Titles. Landscaped Garden in the highrises was announced by Lee Hwa Beng as “Public park” in 2006.

Nevertheless, Town Park was repeatedly mentioned in MPPJ/MPSJ approval plans.

3d) Therefore, the Statement in 3a) is false, except the area is not part of the Open Space requirement but part of the Water Retention Ponds requirement as drainage under Utilities of the TCPA for Subang Jaya (SS12-19) with 4 ponds instead of the existing three.

4) State & Local Master Plan for Subang Jaya (SS12-SS19)

Subang Jaya was developed on one whole area (Plan 92b & 93a) with approval from the State (JPBK) with subsequent approval from MPPJ in 1974 or about, constitute the State and Local plans for Subang Jaya (SS12-SS19) . They should have been Gazetted during the approvals to include the Public area and has to be followed when any change is proposed on Subang Jaya Town Planning..

The Development has been approved with a number of restrictions. Inter alia, units for each category of buildings – residential, commercial, institutional, building height (to match its being neighbor to the Subang Airport), intensity, etc.. to be built by a single Developer – EUP (Sime). It was deemed completed in 1986/87 and should not have any further development. However, “developments” never stopped after Wangsa Baidrui, Subang Square, …Subang Avenue, Empire Gallery, Toyota Car Centre, SS15/4 buildings, etc.. and they are in the Open Space allocated for Landscaped area, playground, or the Town Centre.

We had appealed to the Chief Minsiter, JPBD, Sime and YB Hannah Yeoh via our recent correspondences to do the ncessary (attached herein). Please stop all Appeals.

Please help the CM to prove the CAT Government is at work and stick to Publicity and Openness as in TCPA and NLC to provide Mater Plans of 1970’s and other details as in point 2) on the website in TWO WEEKS time.

Location Plan in MPSJ Approval in 2003- Town Park, Lots 3065, 3067, 983,1126 & TNB Reserve.

SJ Park Title to Sime -from SJRA-101122