APRIL 20 — April 18th 2023 was a monumental day for the rakyat of Malaysia especially for green environmentalists and those who want to live in a healthy city where open spaces — parks, playgrounds and fields — are preserved and protected.
On this day the Federal Court reaffirmed the Court of Appeal’s earlier decision in the residents’ favour by quashing KL City Hall’s (DBKL) development order for the construction of several blocks of high-end condos at Taman Rimba Kiara (TRK), Kuala Lumpur. It was a major victory for the Taman Tun Dr Ismail (TTDI) community in a well-fought battle. Thankfully justice prevailed.
For those living in TTDI and countless other city folks, Bukit Kiara, Taman Lembah Kiara and Taman Rimba Kiara is a welcome haven to de-stress, relax, re-invigorate and sweat it out. It is a “mini nature library” for families keen on instilling in their young children respect, appreciation and love for nature. On weekends, these green spaces are a hive of activity. It gets very crowded and finding a parking bay is like striking the jackpot — all this goes to show the gross lack of open spaces for the public.
How can such a popular existing green space in the heart of the city be stolen right in front of the rakyat’s eyes? Indeed, the proposed development would have caused irreparable damage to the TTDI neighbourhood.
The judgment exposed some of the major weaknesses in the operation and administration of local councils, particularly planning irregularities vis-à-vis the basic rights of rakyat.
Local authorities are obliged to adhere to a democratic and consultative process that, when a major decision is made which affects the citizens’ quality of life and surrounding environment, it should be done in an open and transparent way.
TTDI residents attended consultative sessions with DBKL officials objecting to the mammoth development project as it would significantly increase the population density of TTDI and destroy Taman Rimba Kiara as a green lung. But to no avail. Even a promise made at a dialogue with the then Federal Territories Minister, Datuk Seri Utama Tengku Adnan bin Tengku Mansor (aka Ku Nan) that he will ‘never touch Rimba Kiara Park” proved to be empty!
This is a significant case which provides clear guidelines as to how local authorities should govern and act (not at their whims and fancies) while at the same time giving due regard to the rakyat’s concerns.
Lesson learnt:
o A clear and loud message has been sent to local authorities that the rakyat’s concerns must be addressed in a constructive and meaningful way and not side-stepped; the local council cannot bulldoze its way in approving development plans at will.
o Local authorities should bear in mind that after consulting all the stakeholders in the formulation of a draft Structural Plan, the final product is not just for show. It has to be adhered faithfully;
o Consultative sessions are not to be mere eyewash. Consultation with the affected party must be done with sincerity, openness and fairness. It should not be like a battle between David and Goliath. Despite the TTDI residents raising objections via formal channels, DBKL never got back to the residents. Later the residents found out by chance that the development order (DO) had been issued and DBKL chose to keep this decision under wraps and no reasons were given for the approval of the DO. Therefore, local authorities are duty-bound to give reasons to the affected parties for the any decision made;
o Active involvement and support of the community counts. The valuable lesson gained is that when enough concerned citizens come together for a common cause (such as protecting green spaces for future generations), they can move mountains! The power is in the hands of the rakyat. There is now hope for other communities to protect and save the nearby open spaces. (In this regard, in addition to YB Hannah Yeoh — the Member of Parliament of Segambut, the ‘Save Taman Rimba Kiara Working Group’ led by Residents’ Coordinator, Leon Koay, Sivakumar Muniandy, Secretary of Persatuan Penduduk Rumah Panjang Bukit Kiara, Abdul Hafiz Abu Bakar and Clinton Ang - Immediate Past Chairman and Deputy Chairman of the TTDI Residents’ Association ought to be strongly commended for their unrelenting efforts).
In summary, it boils down to practising good governance where basic principles such as integrity, trust, openness, transparency are to be observed and that effective citizen participation in major decisions involving the well-being, quality of life and the health of the environment is a necessity or requirement.
The way forward is for DBKL to fulfil its 40-year promise to build affordable housing for the long-house residents who have waited long enough and deserve better. DBKL should undertake this housing project immediately.
In a symbolic gesture, DBKL should now erect the “Taman Rimba Kiara” signboard it took down in front of the park.
*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
