Claim filed with Selangor State Land Department – PTG
December 22, 2010 abdnasir@selangor.gov.my
YB Dato’ Abd. Nasir bin Hassan
Director,
Selangor Land Department
Bangunan Sultan Salahuddin Abdul Aziz Shah
40576 Shah Alam
Selangor Darul Ehsan
Dear YB Dato’ Abd Nasir,
Subang Town Park (Taman Subang Ria)
Title PN7210 HSD 28054 Mukin Damasara – Lot 17394 alienated to Sime UEP Properties Bhd, 1987 [1]*
With due respect,
A. Pursuant to Section 59 (a), of the National Land Code (Penang and Malacca), we are filing our application to defeat the Title on basis:
1) We are the proprietors in Subang Jaya (SS12-19) with Rights & Interest in the Public area, such as Town Park, of Subang Jaya Township, developed by Sime UEP Properties Bhd (previously known as United Engineering Properties Bhd) (herein referred as Sime) in 1974 or about.
2) We understand, it is part of the Water Retention Ponds designated as Town Park (Taman Bandar) under the Approved Master Plans of Subang Jaya since 1970’s. Same appears in various Approval plans in Wangsa Baiduri in 1986, 1990, 1994, 2003, 2006/7, etc.—————————-[2]
This violates the prohibition of issuing Title on Public area under NLC S 122 .
3) From the Press Statement of the Chief Minister of Selangor, we understand the Title was obtained via bribery————————————————————–[3]
4) The Title in [1]* was obtained from www.sj-ra.blogspot.com on 22/11/2010. It testifies
a) it was a Mukim Title amalgamated or merged from 6 lots, namely 983, 1073,1126, 3065, 3067 & 4246 of 29.39ha exceeding 4.047ha (violation of NLC S 43, previously S 146)
b) consists of LLN reserves and TNB Reserve (violation of S 51) ——————–[2]
c) with Category empty (violation without any one of the three Categories for alienation)
d) pre-existing condition/restrictions of Town Park (Taman Bandar) in Master Approval was misplaced as “taman recreasi dan bangunan yang berkaitan dengannya”
e) Lot 3067 was under PKNS to a joint-venture with Emko Properties Bhd in 1986 for the Wangsa Baiduri “Condominium” Project as in EMKO PROPERTIES SDN. BHD. V. LEE CHOONG KHENG NO. 24-540-1990,————————————————–[4]*
f) Lot 3065 and Part pf Lot 3067 were designated as Town Park in the Master Approvals of Wangsa Baiduri in 1986. Same appeared in subsequent approvals of Spring Villa & Summer Villa (1990), Subang Meridian (1994), Subang Boulevard (reactivation of Subang Meridian from 17-storeys to 30-storey in 2003), Subang Boulevard II in 2007———[2] Part of Lot 3067 only surrendered to the State in 1993 for passing to MPPJ in 1994.
g) Sime claimed that the alienation was done in 1987———————————–[5]
B. It is Town Park in the Master Plan and “Taman Subang Ria” in UEP’s sales leaflet -[6]* Sime and MPPJ (now MPBJ) has contractual obligation to deliver the Town Park to those owners/purchasers in the area. In this respect, we request the Director to compel Sime/MPPJ to fulfill their obligation pursuant to S 59 b) to deliver the Town Park.
C. We understand some approvals or changes had been done without the necessary publicity under TCPA (Town & Country Planning Act) or/and without the openness under NLC that could bring the existence or/and changes to the Title. In this respect, we also wish to call upon our rights as under S 91 for the release of document of historic interest on the Title, such as the Master Approvals from JPBK/JPBD, MPPJ/MPSJ and records hold under PTG & PTP etc. to answer how this piece of land be subdivided and merged to give what it is today.
D. As owners and Proprietors under TCPA, LGA, STA and NLC, we believe our Rights on the Public area under respective sections in these laws also provide our Rights and the obligations of the Land Department or/and Land Office and the Trustee MPPJ/MPSJ to provide where about is the Public area of Subang Jaya and what had happened.
E. We understand Sime UEP Properties BHD, Tingkat 3, Wisma Tractors, 7, Jalan SS16/1, 47500 Subang Jaya will be affected and have obligations to answer.
We hope a Public meeting will be provided for C & D when A & B are to be done.
We hope to have our correspondences in English as we have quite a number of foreigners.
Please confirm email received of this official claim.
Owners/Proprietors in Subang Jaya
(under TCPA, LGA, STA and NLC)
The Claimants
Cc: YAB Tan Sri Dato’ Seri Abdul Khalid Ibrahim – Chief Minister of Selangor
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 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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Attachments:
[1]*- Land Title-SJ Park-via SJRA-101122
[4]*- Emko Properties vs Lee Choong Kheng
[6]* – Subang Jaya Phase33-01 via RASJ-101122
Attachment [2]
Location Plan in MPSJ Approval in 2006- Town Park, Lots 3065, 3067, 983,1126 & TNB Reserve.
Attachment [3] http://hannahyeoh.blogspot.com/2010/03/mb-releases-classified-information-on.html
PRESS STATEMENT
MARCH 17, 2010
MENTERI BESAR RELEASES CLASSIFIED INFORMATION ON
SUBANG RIA PARK
The State Executive Councillor (EXCO) meeting today agreed to declassify the minutes relating to the alienation of land in Subang Jaya, now known as Subang Ria Recreational Park.
The Selangor Menteri Besar had exercised his powers under Section 2C of the Official Secrets Act 1972 to release the minutes of an EXCO meeting held in 1987 so that the public is aware of the decisions made by the previous government on the matter.
The minutes revealed that United Estate Project Berhad (UEP), now known as Sime Darby UEP, applied for 72.64 acres of land in Petaling (now Subang Jaya) in 1986 for recreational purposes. The premium price for the land was tagged at RM4.95 million.
However, UEP had asked for a discount of the premium and the then Petaling District Land Office (Pentadbir Tanah Daerah Petaling) advised the State Government to consider the company’s request as UEP had already spent RM10 million to build recreational infrastructure on the land and that the area would be for recreational purposes. It was further stated that a valuer’s report submitted then stated that the land is only worth RM1.575 million and if this value is used, the premium owed would be much less.
It was then proposed that 10 housing units (nine semi-detached houses and one bungalow) said to be worth a total of RM2.7 million, would be purchased from UEP as an exchange for UEP’s land premium. This exchange concept (“konsep timbalbalik”) meant essentially that UEP would make its land premium payment in kind instead of in cash.
The houses would be surrendered to the Selangor State Government, and gazetted as residences for the Petaling District Assistant Officers (Penolong-penolong Pegawai Daerah Petaling) and the Petaling District Council Secretary (Setiausaha Majlis Daerah Petaling). All 10 houses are located in SS19, Subang Jaya. This proposal was approved by the then State EXCO.
It is hoped that this declassification clarifies the manner in which Sime Darby UEP obtained its land titles for the land at Subang Ria Recreational Park. The past Selangor State Government approved the alienation of land based on consideration in kind which essentially means that Sime Darby UEP is the valid title owner of the land as approved by the then State Exco.
Although the current administration questions the ethics of the decisions made then and would not condone such practice in its current administration, nevertheless these decisions are binding and has to be taken into consideration in future decision making regarding the issue.
Sime Darby UEP has since submitted proposals on development plans on the land and is currently being considered by the state. As the rightful owner of the land, the State cannot stop them from making development plans. However, the State will ensure that the residents will not be deprived of their designated green lung area for the community’s recreational use.
Development in Selangor will not be done at the expense of the rakyat and the State Government assures that all decisions will be made with transparency and accountability and in line with the State’s “Merakyatkan Ekonomi Selangor” agenda .
PRESS SECRETARIAT
OFFICE OF THE SELANGOR MENTERI BESAR
Attachment [5]http://www.sjecho.com.my/article/1126,
Malaysia Bullies!! 