Judge Ticks Off Developers For Damaging The Environment
bernama.com 11/3/2005

SHAH ALAM, March 12 (Bernama) -- Three companies which pleaded guilty to developing land without permission near the Bukit Cahaya Seri Alam Agricultural Park here which was exposed by the media last month came under fire by the Sessions Court here for destroying the environment.

"The time has come for developers to not only give importance to profits from their business but at the same time be conscious of their responsibilities to society, especially in their overzealousness to make profit, not to the extent of damaging and destroying the environment," said Sessions Judge Suraya Othman.

She said this when fining Selangor State Development Corporation (PKNS), a state-owned agency, Restu Mantap Sdn Bhd and Dacing Kota Sdn Bhd RM300,000, RM250,000 and RM230,000, respectively, for committing the offence last month.

In issuing a stern warning to profit-minded developers, Suraya said: "This world is only a transit for us. It will be inherited by our grandchildren, that is our future generation. Therefore, as a responsible generation, we should together take care of this earth left behind by our ancestors so that it can be passed on to our future generation in good condition," she said.

The judge said the developers' action to damage or destroy the environment must be punished by the court to reflect the court's and the people's abhorrence on their negligence and uncaring attitude towards environmental conservation.

"The court took a serious view of the offences committed whose implications may also be felt by the future generation. It is hoped that the deterrent punishment imposed will serve as a lesson not only to the convicted developers but also to other developers," Suraya said.

She said the public must understand and realise that the harmony and stability of the environment must be the priority that must be given appropriate consideration.

She said developers must respect the stipulated rules and regulations and should not take them for granted and regard the offences as merely technical.

Suraya also said the court took into account the public interest in this case. Another company, Green Hill View Sdn Bhd, claimed trial to the two charges brought against PKNS and Restu Mantap. The court fixed May 4 for mention.

The court also set March 22 for mention of the cases involving two more developers -- Lunarhati Sdn Bhd and Indi Makmur Sdn Bhd -- to enable summons to be served on them.

In her judgment, Suraya said the companies were fined different amounts after the court took into account the size of the land developed by them and the impact on the environment.

The court considered the land size factor in determining the fine as a bigger land area could cause more damage to the environment while a smaller plot inflicted less destruction.

Offences under the Town and Country Planning Act provides for a maximum fine of RM500,000 or two years' jail or both, while that of under the Road, Drainage and Building Act carried five years' imprisonment or fine not exceeding RM50,000 or both, upon conviction.

In mitigation, Teh Kai Loon, the counsel for Restu Mantap, said his client made the mistake as they depended on the advice of the contractor who claimed that cutting of trees and taking out of the timber could start with only the Forestry Department's approval which was obtained in November last year.

Also, he said, the company was unaware that felling of trees was technically part of earth-levelling work. Teh urged the court to consider a lighter sentence as earth work was only in the initial stage and had not gone overboard.

Deputy Public Prosecutor Salehuddin Saidin prosecuted and was assisted by the Shah Alam City Council Legal Officer Surya Wati Shewal and Mohd Sofian Abd Rahman.

PKNS' counsel Sajali Abdul Ghany said the corporation committed the offence as it was in a hurry to honour its social obligation to build low-cost houses.

He claimed PKNS' project site was quite a distance, about two kilometres, from the Bukit Cahaya Seri Alam Agricultural Park and promised that his client would not repeat the offence.

Ahmad Budiman Kamarulzaman, the lawyer for Dacing Kota, in his appeal, said earth work had not started at the company's 6.72ha project site but the neighbours had levelled and cleared the earth and as such, his client must be differentiated from other developers who were hauled up to court.

He said an application to carry out development work at the site had been forwarded to the authorities but it was yet to be approved.

Salehuddin, in his submission on PKNS, said laws and regulations laid down by the authorities were aimed at ensuring the physical surroundings, natural topography and the environmental landscape were adequately preserved.

He said although the distance between the project site and the agricultural park was about two kilometres, the court must consider the interests of the people living in the vicinity whose rights must be protected.

On Restu Mantap's appeal, Salehuddin said although earth work was done only at the hilltop and that there were still a lot of vegetation in surrounding areas, the company's action could alter the structure of the earth and lead to soil erosion and landslide.

He said the company should not have relied upon its contractor as the contractor had no power to make any decision.

On Dacing Kota, Salehuddin said eventhough companies allowed other parties to use their land, the punishment meted out on the company which utilised the land still applied.

-- BERNAMA