LAST_UPDATESun, 18 Mar 2018 9pm

113 Bukit Cerakah Settlers Sue Selangor MB

SHAH ALAM: One hundred and thirteen settlers under Phase II and III of the Selangor government’s Green Revolution Plan today filed a suit against Menteri Besar Datuk Seri Mohamed Azmin Ali and five others claiming that they neglected in restructuring the consent judgment recorded at the Federal Court involving the land in Bukit Cerakah.

The settlers, led by Mohd Fadzil Ibrahim, also named the Selangor government, Menteri Besar Incorporated (MBI), Selangor Land and Mines Director, Kuala Selangor District Land Administrator and the Registrar of Titles, Selangor, as defendants in the suit.

The suit was filed through the legal firm, Messrs. Kamarudin & Partners, at the Shah Alam Court Complex here.

In the statement of claim, the plaintiffs, among others, stated that they did not agree and was not informed on the contents and terms of a consent order between the Selangor government and three developers – Mujur Zaman Sdn Bhd (MZSB), Liputan Canggih Sdn Bhd (LCSB) and LBCN Development Sdn Bhd – that was recorded by the Federal Court in 2016.

They claimed that under the consent order, Mohamed Azmin and the Selangor government had allowed MZSB and LCSB to hold on to the about 800 hectare land that was stated under three sales and purchase agreements (SAP) signed between the two companies and Paragon Pinnacle Sdn Bhd.

Through the three SAPs, dated Sept 22, 2015, MZSB and LCSB sold the land in Bukit Cerakah, located in Mukim Ijok, to Paragon Pinnacle for RM943,791,639.

The plaintiffs claimed that the consent order did not cover the remaining 400 hectare of the 1,200 hectare land in Bukit Cerakah which was given by the previous Barisan Nasional (BN) state government to them and 987 other settlers under Phase II and III of the Bukit Cerakah Green Revolution Plan in 1998.

They claimed that the state government had transferred the remaining 400 hectare land without consideration to MBI and that the information was contained in the MBI recrods and the Selangor Registrar of Titles.

The 13 settlers claimed that the action by Mohamed Azmin and the state government in allowing about 800 hectares of land in Bukit Cerakah to continue to be held by MZSB and LCSB as an admission that the state government had erred in its action to acquire the land.

The plaintiffs are claiming their rights on the remaining 400 hectare land in Bukit Cerakah which was still being held by MBI on grounds that the agreement which they signed with MZSB and LCSB in 2000 was only for the two companies to develop the land.

Subsequently, the plaintiffs claimed that Mohamed Azmin, together with the state government and MBI, had committed ‘tort misfeasance’ by acquiring the 400 hectare site of the total land size in Bukit Cerakah without paying compensation to the plaintiffs.

In the consent order between MZSB and LCSB, Mohamed Azmin and the state government were also alleged to have failed to look into the interests of the plaintiffs by not making any effort to pay the interests for the delay in the construction of the two-storey terrace houses, valued at RM180,000, promised by the two companies in return for permission by the plaintiffs for them to manage development of the land.

At such, the plaintiffs are seeking a court order to compel the state government and MBI to declare that they and other settlers of Phase II and III of the Bukit Cerakah Green Revolution have rights over the 400 hectare site in Bukit Cerakah which had been registered under MBI and a declaration that state government and MBI were just the trustees.

They are also seeking an order to prevent the state government and MBI from having any dealing with the land,, interests and damages of RM230,000 for each plaintiff over the delay in handing over the house, as well as other relief deemed fit by the court.