DBKL clears blocked culvert, gets accused of trespassing

KUALA LUMPUR (August 3): Kuala Lumpur City Hall’s (DBKL) entered private land in Taman Kaya/Springfield, Sentul in order to clear a blocked culvert that has been causing flash floods in the area. The move was necessary, said Kuala Lumpur mayor Tan Sri Mohd Amin Nordin Abd Aziz.

The Star reported that the landowners have claimed that DBKL did not obtain their consent to enter the premises, and were therefore trespassing. 

“We consulted our legal department and were given the green light to move in and clear the drain.

“We had to move in as a few areas in Taman Kaya were facing flash floods,” said Amin Nordin to the daily.

Unblocking the culvert would resolve the flash flood issues temporarily, with the long-term solution being to divert the drainage, which will take two to three months, he said. 

Alamrio Properties Sdn Bhd managing director Jerry Dinesh Pereira, the developer, said DBKL did not obtain landowners’ consent to enter the land.

“A DBKL officer called me in the morning for consent but I told him ‘no’ as advised by the landowners.

“My staff were on-site and told DBKL officers that they were trespassing but they were ignored.

“The officers said they had instructions from the mayor,” the Star quoted Amin Nordin as saying.

Alamrio Properties’ solicitors Ganesh & Co managing partner Ganesh Perumal said DBKL staff and the mayor had trespassed, as they had entered the area in their efforts to unblock the culvert.

“I was informed that DBKL started work around 10.30am and the mayor arrived at 2.30pm to ensure his instructions were carried out.

The proper procedure would have been to apply for a mandatory court injunction to remove the blockage, said Ganesh.

“The culvert has interfered with the landowners’ enjoyment of the land and caused depreciation in land value,” he said, adding that the project was stalled after a 30m culvert of 3m depth was discovered during earthworks.

The developer and the landowners claim that no party, including DBKL had ownership of the drain, which is why they initiated legal action against DBKL. 

Previously, in March, the Star reported that DBKL had been found to be negligent when approving the development order and building plan.

DBKL had been unaware of the drain situated in the land in question.

The case is now on appeal.