Archive for category Correspondences

Meeting with Dato Ketua Pengarah of LLM

Meeting with Dato Ketua PengarahLast week on 24 June 2009, Dato’ Ketua Pengarah of Lembaga Lebuhraya Malaysia organized a meeting to meet the residents representatives regarding the issues highlighted in our email earlier. It was a well represented meeting with relevant organizations like Kementerian Kerja Raya (KKR), Dewan Bandaraya Kuala Lumpur (DBKL), Universiti Teknologi Malaysia (UTM), highway concessionaire and of course LLM themselves.

The meeting provided a platform for us to reestablish our long forgotten struggle and reengage with LLM to seek a resolution to our issues. We were also glad that we were able to share our concerns and highlight any incorrect information that was provided to Dato’ Ketua Pengarah previously.

We presented 3 key issues of which we are seeking resolution to immediately. They are :

1. Long outstanding decision for an amicable solution
Independent studies by Biro Pengaduan Awam and Jabatan Audit Negara confirmed the flaws in the approval of the highway project which has caused a negative impact to the residents. They have recommended the Government to find a solution which included the acquisition of all the affected houses or provide compensation on any loss incurred by the affected residents.

Based on our previous survey conducted with the affected residents, the majority wanted compensation for the loss of market value and cost to mitigate air and noise pollution (eg. installing air conditioning system, double glazed windows, ionisers and exhaust fans).

2. Noise pollution far exceeded the limit approved
Sound engineer sharing expertiseWe also presented our findings where the noise levels have exceeded the approved limit stated in the condition of EIA approval.

We hope that Government is able to provide a better quality of life for the residents living next to the highway by installing noise barriers of appropriate height for both above in the elevated section and below the highway to mitigate the noise impact to the level in compliance with the EIA approval.

3. Outstanding repair work / compensation for houses with cracks
We also highlighted to Dato’ Ketua Pengarah that the repair work / compensation for houses with cracks and the monitoring work by DBKL have halted.

We believe that Dato’ Ketua Pengarah will be able to conduct a thorough review of the progress and resume the initiative to repair / compensate the cracked houses

We sent in an official letter summarizing our meeting with LLM on June 26 of which Dato’ Ketua Pengarah had replied indicating that he will be preparing a report to be sent to Ministry of Works while some of the items needs to be brought to the Minister’s attention for resolution.

We would like to thank Dato’ for looking into this matter on behalf of the affected residents and hopefully we can see the light soon.

The exact details of our letter can be found here. [page 1][page 2][page 3][page 4]

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(sub)STANDARD reply from LLM

Tan Sri Mohd Sidek

Tan Sri Mohd Sidek

First of all, we would like to thank Tan Sri Mohd Sidek who had acted on our email sent on 28 May 2009 swiftly. He requested Kementerian Kerja Raya and its associated agencies to reply to our email.  Tan Sri sent the email out on June 11 2009 and subsequently we received a reply from Ketua Pengarah of LLM, Dato’ Ir. Hj. Ismail bin Md. Salleh, on June 12.

According to a key paragraph of the reply, the Government is studying our request to take over the houses affected by the highway but it involves high cost and will take some time to conclude.

Ketua Pengarah LLMIn LLM’s reply to address our current concern, the points to note are;

1. The developer is still in the process of fixing all the houses damaged by the construction for the cooperative residents

2. Noise pollution readings taken in April 2008 last year indicates that the noise level is below the requirement of Jabatan Alam Sekitar and in fact it is now lower than before the highway was constructed.

3. If the concern of safety is still there, the authorities will raise the parapet wall above the highway to 1.8m (6 feet)

From the looks of the reply, it it seems Dato’ Ir. Hj. Ismail bin Md. Salleh has not been given the correct update, and is probably too busy to investigate the facts. The reply clearly demonstrated that the department which is handling the project implementation is giving a standard and outdated answer without much understanding and concern on the whole matter.

Let us analyse the reply.

a. “LLM claims that to take over the houses would be very costly and therefore need to study the proposal carefully”.  First of all, the current issues arise as a result of the Lembaga Lebuhraya Malaysia’s blunder. The residents shouldn’t be put to unnecessary suffering any further and the agency should proactively seek engagement with the affected residents to find ways to solve the current issue.  As of our record, LLM has been ignoring us since Apr 2008 last year.

b. “The developer is still in the process of fixing the houses damaged by the construction for the cooperative residents”. The process is taking too long a time to complete and presently there has not been any updates to the residents so far. Imagine, the highway has been completed and launched but some of the houses issues have not been resolved. We question LLM’s commitment to resolve the issue.

c. “Noise pollution readings taken in April 2008 last year indicates that the noise level is below the requirement of Jabatan Alam Sekitar and in fact it is now lower than before the highway was constructed”. This is the most absurd point of them all. Even a ten year old will be able to tell you that when you build a concrete structure above your roof, the noise would have no place to disperse and the echo effect would be increased thereby making it louder. How can it be lower than before the highway is built? Does that mean the residents should thank LLM for putting the highway above our houses? Clearly, such a reply would not come from a Ketua Pengarah!

d. “If the concern of safety is still there, the authorities will raise the parapet wall above the highway to 1.8m (6 feet)”. The parapet wall of 1.8m in height was promised by the Minister of Works and should be done immediately.

Here is the email reply. (Some of the personal contact information has been removed)


From: Dato’ Ir. Ismail Md. Salleh <Ismail@llmnet.gov.my>

Date: Fri, Jun 12, 2009 at 5:15 PM
Subject: RE: KL-Putrajaya Highway - Unresolved issues in Sri Petaling Read the rest of this entry »

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Email to Tan Sri Mohd Sidek again..

The committee members had a meeting last week to update the status of our struggle. Despite our busy schedules, we managed to make time at our usual mamak place for a night meeting.

Apparently, the Government had not responded to our correspondences. All the promises for a quick and efficient administration seems to be just hearsay. We have been waiting for 15 months now since our letter to the Prime Minister who had promised to look into our matter and come up with a solution. The letter dated 1 July 2007 can be found here [page 1, page 2, page 3]. Subsequently we received a letter of acknowledgment stating that the Prime Ministers office has received our letter on 26 July 2007 [page 1].

We have also sent a reminder letter to our Prime Minister on 19 Sept 2007 as we did not receive any response from the PMO since the letter of acknowledgment [page 1, page 2, page 3].

Here is our latest email to Tan Sri Mohd Sidek sent on 28 May 2009. Oh yes, we attached all the letters we previously sent to him too. We hope there will be a response this time.
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Dear Tan Sri,

Congratulations for your extension of service to the Government of Malaysia.  I hope this email find you well.

I would like to keep Tan Sri informed that since we last communicated about the highway issues facing the residents of Sri Petaling Kuala Lumpur on 10 Feb 2008, we have followed up with TKP LLM, Ir. Ismail Md. Salleh as suggested by Tan Sri.

We regret to inform Tan Sri that till today (after 15 months), there are no responses nor resolutions nor updates from the authorities.  While we understand Tan Sri’s commitment to drive service excellent among public service delivery, this bad experience that we are facing is clearly a contradictory to what Tan Sri intended to achieve!

We hope Tan Sri will inquire what has gone wrong in the process and we are always ready to work with Tan Sri to resolve the issues facing our residents.

Thank you.

Yours truly,

Lau Kien Foh (Mr)
Chairman
Highway Action Committee
Sri Petaling Resident Association, Kuala Lumpur

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LLM impact survey follow up

Mr Lau, Tan and Au met up with Dato’ Shahrir on 21 Oct 2008 at Parliament. We updated him on our follow-up actions and conveyed to him re our proposed resolutions (immediate and long term). He agreed to bring the matter to the Minister and Cabinet.

Here is the follow up letter to LLM we sent recently. Basically we would like to know the next action after the completion of the impact survey. We hope they can mitigate the impact of noise and dust pollution immediately

We will be counting the time it takes for them to respond to us again.

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LLM Survey follow up letter

LLM follow up letter

LLM follow up letter

We sent a follow up letter to LLM regarding the results of impact survey done previously. The residents are eager to know when any conclusion can be derived. Here is the hopeful letter.

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Email to Tan Sri Mohd Sidek

Dear Tan Sri,

Hope you have a good break!  Let me introduce myself.  I am Lau Kien Foh, a resident and Chairman of the Highway Action Committee, Sri Petaling Resident Association.  We are the residents in  Taman Sri Petaling Kuala Lumpur and  have been  working proactively with all government departments/agencies to resolve the issues resulting from the construction and operation of the KL-Putrajaya highway cutting across the residential area of Sri Petaling.

Tan Sri, I admire your commitment to improve the delivery mechanism of the Government. I strongly agree and support your efforts as it is critical to the competitiveness of our nation.  We are prepared to work with you in this important mission!

But,I need to highlight to you that the issues arising from the highway affecting about 1,000 residents in Sri Petaling are still unresolved! Despite many initiatives and attempts by various parties to highlight the safety and health issues of the residents over the last 30 months, there are still no responses from the authorities?  Attached are the recent correspondences with our Prime Minister for your reference.  You are also invited to visit our website www.sripetaling.net to have a better understanding on our issues and its progress.

Tan Sri, we look forward to receiving your response soonest possible, and we are ready to meet any relevant party to discuss amicable solution for the 1,000 residents in Sri Petaling.  Please do not hesitate to call me (see contact below) if you need further information.

Thank you.

Yours truly,

Lau Kien Foh (Mr)
Chairman
Highway Action Committee
Sri Petaling Resident Association, Kuala Lumpur

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Hand over inspection by DBKL

Letter of issues outstanding

YB and DBKL visited Jalan 2/149 pn Nov 16 2007, Friday morning. The purpose is to ensure all things are in order before approving the hand-over of Jalan 2/149 back to DBKL by Maju Holdings (concessionaire for the highway). However, there are still some unresolved issues with regards to the current traffic, noise and safety. The residents wanted DBKL to ensure these issues are resolved before approving the hand-over.

The inspection team came and greeted by the residents reps and the concessionaire. We highlighted the current issues as per our last request which was not fulfilled. No conclusion could be obtained and the handover of the road back to DBKL could not proceed.

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My experiences with the Minister and the PAC

Dear Editor,

My name is Lau Kien Foh and I’m the Chairman of Sri Petaling Residents Action Committee. This is my response to the article by Mr. R.Nadeswaran on “Heeding the call of the PAC” published on June 21.

Dear Nadeswaran,

I read your article on “Heeding the call of the PAC” yesterday. On behalf of the people whom their houses affected by the construction of the dedicated highway to Putrajaya, I can testify to your point raised in the article. I had the opportunity to “confront” the minister outside the Parliament and also the meeting with the minister in his office, where he invited almost 20 of his senior officials. My conclusion is “the man” belongs to different generation and has a different mind-set. He may be dedicated to his work and his boss, but he is definately not rational, not people sensitive and not reasonable. I’ve also highlighted in my letter to him that as a cabinet minister, his approach to delivery must be “holistic” and not “silo”. He must demonstrate the leadership role to ensure all government agencies are geared toward delivering projects that will not “victimise” the people.

On your comments for PAC, I totally agree with you. Again, I have the opportunity to work with the current PAC, led by Shahrir and his company. They are pro-active, rational and fact-based in its approach. I wish they could be given more resources to carry out their work.

However, on your point about the “secrecy” of the PAC hearings, I must point out to you that upon request, I was allowed by Shahrir to attend as an observer in one of their recent hearings (where the dedicated Putrajaya highway issue was discussed). I’m not sure whether it is open to the public but certainly, as an interested party, I find the hearings very informative and constructive. I also observed the professionalism demonstrated by the PAC members in understanding and discussing issues. What impressed me most was the discussion was totally non-politics and no “side-show” (as you may be aware that the PAC comprises MPs from both government and opposition parties).

If you wish to read more about our struggle, please visit www.sripetaling.net.

Lau Kien Foh
Chairman
Sri Petaling Residents Action Committee

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Letter to LLM on 14 key issues with very late reply

The Highway Residents Action Committee wrote a letter to the Malaysian Highway Authority (LLM) to seek clarification on how such a project is approved whereas Acts, bylaws and guidelines are breached in the process of project planning. Here are the main questions

Question 1

Under JKR’s guideline, a highway requires a minimum reserve width of 60m. The existing main road, Jalan 2/149, Bandar Baru Sri Petaling has only 32m width reserve, which does not fultill the above requirement.

Question 2

Under LLM’s guideline, all development areas are required to have a minimum setback (buffer sone) of 19m from the ROW of the highway. There is no buffer zone provided along Jalan 2/149 to separate the highway from the existing houses

Question 3

Under the National Land Code Act (Act 56 of 1956) section 5, buildings are defined as any structure on land. With respect to public health, safety and protection of urban environment, the Regulation Guidelines required minimum separation distances measured between buildings or structures to property boundaries. The elevated building structure of the highway which has a set back 6ft (2m) from the property boudaries along Jalan 2/149 can never comply with any Act, bylaws and guidelines.

Question 4

Under the Environment Act 1972, maximum levels of noise and air pollution are defined for residential areas. The cumulative noise and air pollution generated by the existing road and elevated highway would far exceed the levels permitted by the Act. To-date, we have yet to be convinced by the relevant authorities that mitigation measures to be taken could reduce the noise and air pollution levels to the compliance limits.

Question 5

Serious air pollution will pose hazard to health…

Question 6

Safety is threatened as car may ramp over or small object may fly over and injure residents’ at their backyard

Question 7

Residents request Government to acquire one row of houses west of the highway

Question 8

Disturbance during construction stage. eg dust and noise pollution…

Question 9

Bituminous spray on road pavement will affect health and belongings…

Question 10

Why alternative alignment is not studied and recommended in the EIA report?

Question 11

Why not change the highway alignment to follow Besraya or KL-Seremban Highway and bypass Bandar Baru Sri Petaling?

Question 12

Why distance between highway parapet and the residential houses which is only 2m are not stated in EIA report? Why the reports choose to indicate the distance to the kindergarten which is further away?

Question 13

Why 2003 Socio economic survey shown much higher disagreement on the project as compared to 1997 survey?

Question 14

Land gazetted for highway reserve has been approved for housing development, which the developer have build and sold to the public.

Here is the response we got from LLM. If you read through the response, its like a justification to commit a crime.

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A Resident’s Letter to Malaysian Government in 1997

A letter was drafted by a resident of Seri Petaling when he heard about plans to build a highway nearby his house. The contents describes the availability of land and how the Government can build it so that there will be minimal impact to the residents living nearby.

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