Is The Klang Valley MRT Illegal?

This blogger has been silent for a while and in part due to being restrained to silence as we have to respect the court case where the wife and 11 other plaintiffs on Pinggir Za'aba that is suing the MRT. This matter, despite being of public interest has been subject to effectively a mainstream media blackout, for which reasons readers are welcomed to assess.

Firstly let me confirm that the case is still on. Secondly, the interesting development today during Case Management is that the court will now hear arguments on whether the Klang Valley MRT is ILLEGAL in the eyes of the law! ILLEGAL!

Whilst for a few reasons this blogger is unable to share the laws and other details pertinent to the case that may lead to the MRT being declared ILLEGAL, the ramifications if the court judges it to be so is too damaging not just to the project, but all those intimately associated with it!

Considering the high risk now faced by the MRT project from this case, and the risk exposure is high even if MRT Co thinks they could win the case, it is shocking how badly they have managed this otherwise small and, originally, relatively low risk residents impacted, those in Pinggir Za'aba being generally pro-BN professionals and civil servants as well as retirees.

More will be revealed, though perhaps piecemeal by necessity, until court hears the case, at 9am on 11 September 2013. There will be much legal activity between now and then of course. Question is, considering the 'auspiscious' date, will the coming 9-11 be an avoidable tragedy for MRT Co?

Pic: Posted photo above is of MRT contractor 'beautifying' the 'blue ghetto wall' of Pinggir Za'aba.

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Does Suing MRT Co Make Us Pinggir Za'aba, TTDI Residents Elite?

I'll begin first by thanking my good friend and occassional mentor, Ahiruddin "Rocky" Attan, for highlighting Pinggir Za'aba's suit against MRT Co. This suit is very much a private matter to the plaintiffs, my wife being one of them. I also thank those who have commented for and against the suit in Rocky's blog and hope they continue their interest here.

For those who have misunderstood Rocky's definition of Elite, please have a look at the images of the houses of most of the plaintiffs on Pinggir Za'aba that I have attached below. Pinggir Za'aba is a long road, just as TTDI is a large housing area. The part of TTDI directly effected by the MRT has neither bungalows nor semi-D's and whilst we are not the poorest of citizens, we are not among the most affluent either. We are Elite though, in that we are nearly all tertiary educated, most are or were professionals, managers in corporations or civil servants.



Having heard the views of many, allow me to present my reason for supporting my wife's decision to join the civil suit against MRT Co. Metaphorically and in brief, I can say that the reason for my support of the suit is from my reading of Clausewitz's On War, where the great Prussian military philosopher describes War as simply the continuation of Politics or Policy by other means. Hence, this suit, is simply the continuation of Pinggir Za'aba's engagement of MRT Co by more aggressive means.

To elaborate on the why, ever since residents of Pinggir Za'aba were informed our homes would be impacted by the MRT's construction by notices put up on trees along our road by SPAD some 2+ years ago, we have been trying our best to engage various government agencies. Understanding that the MRT is a nation-building project of some importance, we have never asked for it to be scrapped, but rather preferred re-alignment or an underground route for it, and failing that, that were at least hoping to be given due compensation either for damages to or for having to abandon our homes.

The PR and engagement from SPAD and Prasarana was to me actually quite poor, though I would put more blame on SPAD for this - Prasarana seemed in these engagements as being victims of circumstance. SPAD's position was often inconsistent, its approach to engagement shoddy (beginning with notices put up on trees remember!), but at least there were no empty promises. Where they could not deliver on our suggestions of hopes, we received non-commitals and silence, which sounds bad, and may even sound strange for those who went to the PR 'roadshows', but worse was to come.

The worse that was to come was from the empty promises of the CEO of MRT Co himself, who in return to our peaceful and quiet discussion with his team, assured us that he had the mandate to ENSURE the government would treat us residents of Pinggir Za'aba fairly. This promise was made some 2 years ago, at a time when we still had options to sell, rent, temporarily move or at least plan for the coming of the MRT. Unfortunately, Datuk Azhar of MRT Co was not able to deliver, and a couple of months ago, his PR Director, Amir Mahmood, even closed all avenues of engagement with us. 

Details of this will come out in court soon we hope, but in the end, the plaintiffs are suing MRT Co as they have no other choice. As the agency charged solely on this matter, MRT Co has curtailed all avenues of engagement and even the Media has had to tip-toe around this issue. Some wondered why I used my father's Tan Sri title in the press release - it  is to clearly showcase that the suit is being brought by BN supporters against a BN project. It is not political - the plaintiffs are not politicians. They are aggrieved citizens that have a case. They need the government to listen.

Weekend For Kids As MRT Corp Keeps Getting Whacked

Whilst the Great Wall of Jalan Sultan caught a lot of news on Friday, with more news coming from Pinggir Za'aba in a few of days' time, thought I'd focus on the family obsession of Chess again.

Started escorting kids to National Age Group (NAG) 2013 from Friday, a start of a 3 day event organised by Malaysian Chess Federation (MCF) at University Technology Petronas (UTP) near Seri Iskandar, Perak.

The first photo is an image on the first match on Friday. The second being the 7th and second last game today. My kids aren't doing so well at this stage, but this is their first year and both have another year in their age groups... Yes, I only took two of my sons this year.In

Their sis decided to join a Tunas Puteri public speaking contest instead. Good call on her part, she got second place, the last image! Life presents choices and as long as my kids make WISE choices, the wisest always being to experience new and more enriching things, like my daughter had, rewards would follow!

The jokers in MRT Corp could learn quite a bit from my kids about choices and decision making I reckon!

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Ill Logic Of MRT Co Plans Becoming Self Evident

It is a shame that damage caused by mistakes or poor planning of projects can typically only be addressed by the courts once evidence presents itself. Nevertheless, such a state of things does not excuse the authorities or parties involved in projects from themselves taking steps to mitigate from such damage occurring.

In the case of the MRT construction along Pinggir Za'aba, Taman Tun Dr Ismail, evidence is mounting that damage to property and quality of life will be suffered by the neighbourhood is mounting:

1 -  A request by residents to ensure no personnel involved in the construction be allowed on Pinggir Za'aba, agreed to by the CEO Datuk Azhar, which seemed impractical even as promised, had long proven farcical. Even the pathetic offer to set up a hut to assist in managing residents' grouses has not materialised.

2 - Vibration from construction works object the median of Jalan Damansara resulted in automatic gates going faulty at houses about 30 meters away! MRT Co agreed to a vibration study to verify this, then refused to share the results nor compensate those affected.

3 - The photos above show of tree cutting along Pinggir Za'aba. These photos demonstrates how even for the simple act of tree clearing, the project team has obstructed half the street! In fact, the workers set up cones barely a meter or so away from the 6 meter limit which would have forced the government to legally compensate the residents affected or even perform compulsory acquisition!

4 - The traffic community along Jalan Damansara have of course been witness to countless safety near-misses along the MRT construction areas (final image above), with personnel seemingly part of a pathological safety culture; a necessity perhaps following bullish promises by the CEO of MRT Co? (A Pathological Safety Culture is a technical term by the way, denoting the lowest rung of the Safety Culture Ladder)

This blog will continue to collect and as best possible record and share evidence of wrong-doing by MRT Co which we believe will escalate, in part due to the project NOT BEING ON TRACK FOR COMPLETION as claimed by the CEO in recent media reports. Well, at least along Pinggir Za'aba it isn't. The tree felling pictured? They planned that MONTHS ago!

We certainly hope someone in power wakes up to the reality of MRT Co's incompetence soon. We the affected residents have our interest of course, but I am sure the BN government wants to ensure the MRT remains a vote winner and not morph into an election loser!

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MRT Co Continues Legacy Of Poor & Irresponsible Communications By SPAD

A few days ago, contractors appointed by MRT Co encroached upon Pinggir Za'aba, in direct contravention to the promise of the MRT Co CEO to the residents of the street that no such personnel was to ever set foot on it!

This of course is just the newest addition (actually, not even that new, but this group of workers actually did something to the road!) to the long litany of broken promises and deceptions perpetrated by MRT Co towards residents of Pinggir Za'aba... & I am sure others too.

Residents of Pinggir Za'aba was informed of the impending work, but the promise of an engagement months ago where all risks and mitigation efforts would be shared, promised then by MRT Co's Strategic Comms Director have also been broken, due to lame excuses. Lame excuses indeed considering not engaging the neighbourhood contravenes with the DEIA & is just plain indecent!

Of course, MRT Co may just be trying to keep up with a strong legacy of awfulness begun by SPAD... which began by putting up notices to us residents on trees!!!

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Pinggir Za'aba Protest Against MRT Co Management On Tuesday 20 November 2012

Just over one year ago or so, the residents of Pinggir Za'aba were on the verge of picketing against the MRT's construction so close to our residences. We were curtailed by promises by the then new MRT Co CEO, Datuk Azhar Abdul Hamid. Promises that proved to be empty, misleading even. And so now things have turned full circle it seems, as the neighbourhood plans its peaceful picket as per below...

Event : PZ Peaceful Protest against MRT Line which is affecting our living environment.

Date/time : 20.11.2012, Tuesday @ 9.45am

Participants : All Pinggir Za'aba residents

 

Residents involved in the picket are gathering PZ house No. 97, Pinggir Za'aba for the picket. They will then walk together to the current MRT construction site next to Pinggir Za'aba that has already begun to disturb the peace.

All media and of course other friendly parties are welcome!

MRT Co Not In Control Of Its Contractors? Then Who Are?

Following on from the incidences of last week, when residents of Pinggir Za'aba were given a good sampling of how noisy and distrubing life would be for many months over the next 2 years of MRT construction, we were treated to freshly recycled promises from MRT's Director of Strategic Communications and PR, Amir Mahmood Razak. These were his and hence his organisation's, re-assurances to this blogger's good neighbours:

Date: Thursday, November 8, 2012, 11:14 AM

Dear Xxxxxxx, Xxx and Xxxxx,

I believe works has stopped in the area. My commitment remains that we will re-start works after we complete the engagement we promised.

Again, my email and my number (017 6xxx 5xxx) remains accessible to all of you for contact.

Thank you again for the patience displayed.

Warm regards,
AMR

Such assurances are said to have followed earlier excuses that MRT Co had supposedly not allowed for these works near Pinggir Za'aba to begin in the first place. I mention this as a note or 'aid memoir' for the events that follow as whilst I have this coming from several sources along the neighbourhood, I find it highly unbelievable that MRT Co could be so incompetent as to have allowed a contractor to begin its works without their express knowledge!

Please also note that the 'commitment' Amir Mahmood mentions about an engagement with Pinggir Za'aba residents was promised to us on an earlier engagement on 3 September 2012. Amir Mahmood and a raft of nodding reps from MRT Co's contractors declared that they would invite us back for a follow up engagement 2 weeks from that date as they could not at the time address our concerns. Amir Mahmood and co are now some 2 months late, based on whatever Calendar, Gregorian, Lunar, Muslim, etc... known to this man.

What follows is however most unfortunate, and is probably best reflected by the following e-mail from a neighbour to Amir Mahmood Razak which he had copied all of us on the street:

On 15 November 2012 20:03, Xxxxx wrote:

Dear Amir Mahmood,

Last week I complained to you about sudden start of construction work, the excessive noise and the late hour that the construction work was being carried out by your contractors. You told me that you would take immediate action, and on November 8, 2012, 11:14:15 AM had given us, the residence of PZ the assurance via e-mail, Quote " I believe works has stopped in the area. My commitment remains that we will re-start works after we complete the engagement we promised." (Meaning a dialogue between the residents of PZ and MRTCo was to be held before any construction was to begin )

Yesterday to our utter horror we received a written notice telling us that work will resume on Friday,16 November 2012 with work hours 7.00am to 12.00 midnight (Monday to Saturday) My phone had since been ringing non stop by calls from furious residents demanding to know just what is going on. We consider this a serious breach of promise and cannot accept this latest turn of events. Can you please explain your self.

Regards
Xxxxx

The plot then thickens when we then received the following e-mail from another neighbour that further showcases just how 'Strategic' communications regarding this MRT has become!

Sent: Thursday, 15 November 2012, 22:23

Dear All,

On Monday night (12/11), i received an sms from Bhavani from MMC-Gamuda informing me they are scheduling a follow-up engagement session with PZ residents on Friday (16/11) at TTDI Info Centre and will be sending out invitation letters to residents and email to me by 14/11 morning.

This afternoon, Bhavani send me another sms stating that the engagement has been postponed to a later date.

Regards,
Xxxxx (A different one from above)

Perhaps Amir Mahmood has not been communicative due to the public holidays. The problem he has is that this hardly looks like there is barely any Communication let alone Strategically being Directed on this MRT, which is his job. Well, perhaps if he was not so busy trying to cover up for his boss Datuk Azhar Abdul Hamid's broken promises to neighbourhoods affected by the MRT, like Pinggir Za'aba, he would have more credibility and even time to perform what should be his real job!

One of course hopes MRT Co is not now descending to the depths of communications incompetence of its governing body SPAD, led by the somewhat more epicly incompetent TS Syed Hamid Albar, which started communicating to residents affected by the MRT with notices stuck onto trees... in a country where it rains daily... 

In the meantime, the residents of Pinggir Za'aba remains steadfast in waiting for the promises MRT Co has been making to be fulfilled - with some suspense as well now thrown in due to recent events. We are ever ready to share with anyone, especially past, present and future, even potential, victims of the MRT our experiences thus far.

MRT Co Continues Dire Record Of Empty Promises Towards Klang Valley Voters

On 3 September 2012, under challenge from members of a community needing special attention according to the DEIA, the residents of Pinggir Za'aba, MRT Co's Director of Strategic Communications and Public Relations, Amir Mahmood, assured residents that the working hours for MRT construction will be from 7am to 7pm. This was ment to minimise disturbance to the community.

Setting aside the community's view that this was insufficient as a mitigating action against noise and vibration disturbances and the broken promise to come back to the community with new proposals 2 weeks from then, MRT Co it seems cannot even deliver their own original pledge of having no disturbances after 7pm. The video link below was captured at approximately 7.45pm on Monday, 5 November 2012:

The noise we experienced would be louder than what can be heard via this recording of course. In addition, this was from behind the sound barrier and we expect further piling works to be even more noisy! This went on till 9.30 pm! Good luck putting your babies to bed during that time! To think that some of us will have these machines IN FRONT OF OUR HOMES in time!

One of the residents of Pinggir Za'aba most affected by this noise reported the case to DBKL. Here is her report to us her neighbours:

reported the case to DBKL re the noise and vibration disturbance and the contractor's long operating hours till 930pm yesterday and over the weekends (Sat & Sun). The officer in-charge recorded my complain and gave me a Complain Ref No. to report the complaint again if the contractor still works after 6pm today, then DBKL will send their officers to visit the site immediately and issue stop work order on the spot. Somehow, few hours later (ard 1130am), the officer in-charge called me again and said that when he brought my complain to the relevant department in MRTCo, they were advised by MRTCo that all MRT related complains have to be reported and handled by MRTCo directly, DBKL is not in the position to take up such complain (!!!). So, the DBKL officer advised me to report our complain to MRTCO instead. Meantime, he further advised that we can write to DBKL for necessary action if MRTCo fail to attend to our complain and address the issue accordingly

Wah, so powerful MRT Co man! Can say to DBKL, the responsible municipal body, that they cannot take in complaints! Actually, such arrogance from MRT Co is quite familiar to us residents of Pinggir Za'aba. It setms from the MRT Co CEO's belief that he is responsible to the PM, DS Najib Tun Razak alone! In doing so, he forgets his place and he allows his people to treat DS Najib's bosses, THE VOTERS, to be treated poorly and in arrogance! Camana nak menang PRU13 ni!

By the way, yesterday night, the noise was still going on till 8.30pm. MRT Co's arrogance and empty promises continue...

AES, MRT Co And What's Wrong With Our Value System(?)

In a few weeks time, a few of us residents in Pinggir Za'aba will commence further legal proceedings against MRT Co. I cannot discuss the specifics of the case, but suffice it to say, we have a case, and have found our trust as among members of the public most affected by the construction of the MRT (according to the DEIA) abused by MRT Co as the so called manager of the project, with its CEO, Datuk Azhar Abdul Hamid, personally culpable.

Putting aside the false promises of the past, Pinggir Za'aba residents now face fresh insults. In an engagement by MRT Co with residents on 3 September 2012, MRT Co and its contractors, led by its 'Director of Staregic Communications and Public Relations', Amir Mahmood Abdul Razak, had promised to address some of the issues raised by the residents regarding the safety issues and mitigation measures to be put in place to safeguard the well-being of residents during the project. We were promised another engagement in 2 weeks time.

This engagement never materialised and now, more than 2 months hence, residents of Pinggir Za'aba are still awaiting the follow up engagement. This actually makes MRT Co's Director of Strategic Communications a liar (!) ... wonder who he's emulating? In the meantime, these 'strategic communicators' at MRT Co have chosen to forget Pinggir Za'aba, by instead:

1. Ceasing to engage the community with regards to works due to commence in the area. This despite surveyors from at least one contractor company parking in Pinggir Za'aba to access planned construction areas and portions of the sound barrier separating the road from the LDP Highway overpass already marked for some mysterious and surely dastardly reasons.


2. Stepping up a major PR campaign with Millions of RM spent on Media Buy, contests, engagement of the general public mostly not affected by the MRT as well as running an mobile propaganda vehicle! I kid you not, rather than resolve the DEIA requirements to ensure the well-being of affected neighbourhoods, they'd rather convince everyone all is well instead!


3. Advising anyone in power, a complaints committee involving the new Chief Secretary of the Government (KSN) said to be the most recent, or who would ask that all is well at Pinggir Za'aba! Why? Because 'we have been quiet!

Perhaps the reason why MRT Co is behaving this was is not really their fault? Maybe it's because they do not understand what are the primary grouses presented by the residents of Pinggir Za'aba on 3 September 2012? Did it not compute that we were really worried about the health effect from dust, sound and vibration from the project to be built in front of our homes? Maybe they don't understand the traffic safety issues and inconvenience we will face? Perhaps they are surprised when asked for further guarantees that we will not be invaded by foreign workers cum part-time robbers on our streets!

Then I see the behaviour of some of our so called 'political leaders' regarding the AES implementation, meant to save lives on the road, regardless of their political affiliation. I find it amazing that a PAS VP and an UMNO Youth Leader could come to a closer agreement over the AES than over whether they are both going to the same heaven! It seems to them and whomsoever their supporters are, a system like AES that saves lives is not worthwhile as it is an 'inconvenience' to Malaysians. No wonder then MRT Co's rampant disregard of our neighbourhood's safety, it's inconvenient!

So, OK, let us accept then that all these people, MRT Co, the anti-AES people, are all just sharing the same values that looks at people's lives and general well-being is cheap... cheap... not worth the public inconvenience of any effort to be improved! So let us at least draw a line that differentiates them, at least so far... at least the anti-AES mob so far are not LIARS! Unlike MRT Co who are LIARS! MRT Co' Director of Strategic Communications himself cannot keep to a promise to engage us in Pinggir Za'aba. His boss is a liar too, but that is for the courts...

In any case, I think the Malaysian value system needs a small reboot in this case - hopefully for a minority rather than the majority of the population. The AES matters. Keeping affected neighbourhoods safe during MRT construction matters. Else all the material benefits we hope to enjoy by 2020 would be worth not as much to a society bereft of proper, civlised values...

55 Years Merdeka; MRT Co: Janji TIDAK Ditepati

I am at the National Press Club Awards Dinner and am criticised (yet again) on the poor updating of my blog. My retort that there was little I could write with sincerity in my blog before I let it rip on how this government's MRT project is destroying our home and endangering my children with no care besides lip service, let alone recompense!

I'm also upset about MAYC, but that story's not accessible nor dramatic enough for the non-Belia activist to appreciate. Ya la, the last AGM the successors of TS Syed Hamid blocked us from joining the AGM using bouncers and RELA, and all so they can try and legalize their whalloping RM 30-40 Million of MAYC's assets, but what is that against the government's RM50 BILLION project, said to be the PM's pet project risking the life of my children by bulldozing their plans through!

Then again, it is about my kids kan, so, let it rip la! After months of promising to buy us out of our house and home, not ideal, but at least fair in that we could move to a safer house, some distance from any MRT development, this Dato Azhar Hamid, CEO of MRT Co, who claimed before that the decision was his to deliver, turned around and said we would not be bought out! They keep saying all our concerns will be mitigated, but cushion this with a public LIE saying our houses are 14-18 meters from the MRT.

THE TRUTH IS, THE EDGE OF THE MRT PARAPET IS 8-9 METRES FROM OUR FRONT GATE! For some of our neighbours, its WORSE. Why did they say the government rejected the buyout plan for our houses? Because they didn't want to 'set a precedent', as according to the law, they only need to acquire when the distance is 6 metres or less from a development!

Now, how does it make sense to respect a law that endangering lives? Is it so wrong to set a precedent leading to a change in law when the law is unjust? Well, there are many ways to change a law besides setting a precedent. We can ask the lawmakers to change the law! And if the lawmakers refuse to? We change the lawmakers! For why would I support a government screwing around with the future and welfare of my kids?

There is much that is rotten about the MRT as a development. The promises broken to affected Pinggir Za'aba and Jalan Sultan stakeholders are not even the worst of their crimes. There are questions to be asked on why land and properties not approved or budgeted for acquisition by the government are suddenly being acquired. Or why a land owned by a prominent UMNO Tun was bought out by MRT Co when an Imam's extended family of almost 20 souls is left wanting of a reasonable 'compensation'... all above the law of course!

I intend to expose the rot that has engulfed the MRT project for entirely selfish reasons. They will say I am disgruntled and full of self interest, well, I am. This is personal. They are robbing me of our home lives and putting my kids at risk. I'll demonstrate how over time and also intend to expose all the rot that is hiding behind the PR and promises of what the MRT would bring. Better the demise of the MRT than their being allowed to rob my kids of health and laughter.

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An ETP Driven Return To Blogging

The results we all have been waiting for is out - Liverpool 3, Man United 1! And no, Andy Carroll didn't score, Dirk Kuyt did! Oh, you thought I'd resume my blogging on the Merlimau and Kerdau by-elections? Why? It's a given that BN would wins those... no news, not really... the real news on that will begin when the analysis phase kicks in... but more on that later! In the meantime, it's Wolves 1 Tottenham Hotspurs 2 - this one I care about....

I've been driven back to blogging after a long hiatus by a continuing need to confront demons. Before doing so however, I felt a need to confront demons of my own, both in terms of doubt and in terms of my judgement of others. In terms of blogging, I am endeared by the queries of friends regarding my absence from the blogosphere... it is as much because of these loyal readers as my own reasons that I resume this evening.

Ironically, those driving me back to blogging are not political demons, but economic ones, seemingly driven by the governments' Economic Transformation Plan (ETP). The primary economic demon comes in the form of SPAD and the MRT project... no, no, this is not be hammering TS Syed Hamid again... yet... but my informing of a trauma that has recently visited us when documents from SPAD appeared in our neighbourhood, showing our family home is to be affected!

Affected? What does that mean? Probably demolished, or if not, then having the MRT cross 6 meters in front of our house?! ... ??? ... !!!!!! And so the quest begins for us to ensure the government treats us fairly on this matter before the actions of SPAD and others, some individuals, such as SPAD's current CEO, loses them the Wilayah Parliamentary seats again in PRU13. Statements such as in this article do not help the government's efforts to retain power at all...

More later. This MRT communications management disaster merits more than just a single blog posting...

PS, Half Time, Wolves 2, Tottenham 2...