To: Selangor Appeal Board at lrselangor@jpbdselangor.gov.my First Letter PENGERUSI , Y. Bhg. Dato’ Abu Bakar bin Awang

TIMBALAN PENGERUSI, Y. Bhg. Tuan Hj. Nordin bin Sulaiman, AHLI PANEL LEMBAGA RAYUAN1. YB Dato’ Hj Azmeer bin Rashid 2. YB Datin Teh Zawahir binti Abdul Malek3. YB Tuan Ho Khong Ming 4. YB Prof. Ezrin Arbi5. YB Tuan T Mahesan 6. YB Pn. Hajjah Norasiah binti Yahya7. YB Dato’ Hj. Abdul Mutallid bin JelaniPENDAFTAR En. Mohd Zainuddin bin JumaatURUSETIA1. En. Amarakaran A/L Karthingasu 2. En. Yuen Kai Tuck3. Pn. Azlina bte. Asiar 4. En. Nooryaddy bin Mohd Panut5. En. Balakrisnan A/L Mayandi

From: Owners/Proprietors of Subang Jaya (under STA, TCPA, LGA,…)Re: Subang Town Park “Taman Subang Ria”, Title PN7020, illegally issued to Sime EUPDD: 20/12/2010Cc: YAB Tan Sri Dato' Seri Abdul Khalid Ibrahim – Chief Minister of Selangor

Dato' Mohd Jaafar bin Mohd Atan – Director, JPBD SelangorYB Lim Kit Siang TIM MalaysiaToday MalaysiaInsider NutGraph

YB Hannah Yeoh Malaysiankini Free Malaysia Today The Sun Daily The People Parliament crimewatchmalaysia Sinchew Daily China Press

Subang Jayans and those who have the Interest and Duty to receive

With due respects, please disqualify the Appeala on basis:

1) We had been notified by MPSJ for an objection hearing in July 2007 on subject matter, even though they did not in full compliance with TCP. Inter alia, opened to non-owners of Subang Jaya, including residents from USJ. We had filed objections with MPSJ on basis: The title (on Lot 17394) is invalid as it is on part of the landscaped Water Retention ponds designated as Town Park or Taman Bandar in Subang (SS12-SS19) Master Plan since 1970’s. It falls under “drainage” of the “Utilities” in TCPA. As such It is Public area (=Commonly owned by the “owners” of the Development) and thereby, does not qualify for the issue of an individual Title under NLC and it is outside the Jurisdiction of the State and so the Local government to change the status or re-alienate. The Park should be provided by Sime to be passed to the custody of MPPJ/MPSJ for up-keeping under LGA in 1986/87 when the Development was deemed completed.

Part of the Lot was used by SJ Medical Centre to build car park without public hearing. We heard that Sime had withdrawn and we heard no more from MPSJ.

In fact, any change or re-alienation is a violation involving the Breach of Trust and misappropriation for the latter which constituted Fraudulent. The “transaction” in 1986 described in the CM Press Statement in March 17, 20101 involved collusion with bribery. Any one of the irregularities or offenses mentioned above justifies the Title is to be defeated under NLC S 59 by anyone having an interest in, such as we, the owners of the Development.

2) We only bumped into the matters again when we came across YB Hannah’s blog http://hannahyeoh.blogspot.com/2010/03/mb-releases-classified-information-on.htmlhttp://hannahyeoh.blogspot.com/search/label/Taman%20Subang%20Ria in November this year, to understand that the matter was repeated in 2009 but we were not informed. From the Sequent of Events, Press Statements from the Chief Minister, Press Statement from Sime, etc., i) we do not see that they comply with TCPA with the understanding that they

work with RAs (including USJ), JKP (MPSJ councilor) and not the owners as per TCPA, LPA or STA.

ii) The essential information for possible (but unnecessarily as in Point 1 above) are missing from the State or MPSJ. Such as the Subang (SS12-19) Master Plan, the Title, the Proposals, etc. We are not informed with details of the State and MPSJ’s approval or decision for any chance of objection or Appeal which should be based on the Master Plan of 1970’s.

iii) http://hannahyeoh.blogspot.com/2010/11/press-release-by-menteri-besar- on-taman.html indicated that the State Approval was from State Planning Committee or MTES ( Mesyuarat Tindakan Ekonomi Negeri Selangor) which is NOT an authority to give State approval . (http://www.sun2surf.com/article.cfm?id=11759 ) )

Again, any one of the irregularity in 2) is sufficient to nullify the approval or decisions made by the State and MPSJ. Therefore, it cannot be a base for any Appeal for the Appeal Board to go through in Dec 28, 2010 but to cancel or revoke the Title and instruct Sime and MPSJ to provide the long overdue Town Park to us.

FURTHER PARTICULARS

3a) The Press Statement of Sime in http://www.sjecho.com.my/article/1126, Dato' Tunku Putra Badlishah, Managing Director of Sime Darby Property, stated:

“The 72.63-acre property was alienated to Sime UEP Properties Bhd by the Selangor State government in December 1987 and it has never been part of the Subang Jaya development Master Plan, which was approved by the Local Authority (Majlis Bandaran Petaling Jaya) in March 1980 and therefore not part of Subang Jaya's open space requirement”

3b) From www.sj-ra.blogspot.com, on 22/11/2010, (copy attached)

The title indicates LOT 17394 is amalgamated by Lots 3065, 3067, 1126, 1073,983 & 4246 with category empty. Besides violation as in Point 1, it also violates i) ALIENTATION beyond Agricultural, Building or industrial and moving away from preset

condition and restriction of use of land as in the Master Plan that they should be for Town Park or Taman Bandar or the LLN Reserve for Lots 1126 & 983 with TNB reserve. Lot 4246 is for the Lake View Club!. Part of it already used by SJMC for their Carpark in April 2007 without TCPA compliance.

ii) Amalgamation beyond 4ha.The Sime Proposal was same as the one in 2007 where Wangsa Baiduri was included in the calculation of the Development.

The Sales Brochure of UEP for Suang Jaya clearly indicated Taman Subang Ria was marked on the 4 Water Retention Ponds including the area for the then Wangsa Baoduri.

3c) From the Court case, EMKO PROPERTIES SDN. BHD. V . LEE CHOONG KHENG No. 24-540-1990, Lots 3067 & 1127 were in joint-venture in 1984 by PKNS (holding the land since 1979) with Emko for the Wangsa Baiduri “Condominium” Project approved by MPPJ in 1986 . Part of Lot 3067 only returned to the State in 1993 for passing to MPPJ to maintain with remarks of “NO FURTEHR DEVELOPMENT”. Lots 3067 &1127 being part of the Subang Jaya “alienated” to PKNS is another misappropriation of part of the Town Park and violation of Subang Master plan to have additional development such as Wangsa Baiduri.

In fact, the violations continued in Wangsa Baiduri with the common Property & facilities of the Project, the Club Complex (Holiday Villa) (in 1987) ,and, half of the condo land of Spring Villa (1993/4) “moved” into the pocket of “ERMS” & Emko. MPPJ/MPSJ had not provided the mandatory recreational area for the Townhouse as well up until now, despites the terms keep repeating in each and every subsequent approval for Spring Villa & Summer Villa (1990), Subang Meridian (1994), Subang Boulevard (Re-activate of Subang Meridian from 17-storey to 30storey in 2003) and the Subang Boulevard II in 2007/2008 being the latest and last (?) making the total 1710 units instead of 1429 as in the Master Plan of Wangsa Baiduri . These approvals happened when Lee Hwa Beng was the Councilor of MPPJ and Assemblyman in MPSJ involving the Approvla. Besides the Club Complex”, there are 3 common Properties in each of Spring Villa and Sumer Villa were misappropriated by the Land Office to provide titles to Emko. With running dogs and manipulation of the MC, they was assigned to Emko by Deeds of Settlement without proper procedrues. Land office allowed Emko to convert the land to Apartment before issuing Strata Titles. Landscaped Garden in the highrises was announced by Lee Hwa Beng as “Public park” in 2006. Nevertheless, Town Park was repeatedly mentioned in MPPJ/MPSJ approval plans.

3d) Therefore, the Statement in 3a) is false, except the area is not part of the Open Space requirement but part of the Water Retention Ponds requirement as drainage under

Utilities of the TCPA for Subang Jaya (SS12-19) with 4 ponds instead of the existing three.

4) State & Local Master Plan for Subang Jaya (SS12-SS19)Subang Jaya was developed on one whole area (Plan 92b & 93a) with approval from the State (JPBK) with subsequent approval from MPPJ in 1974 or about, constitute the State and Local plans for Subang Jaya (SS12-SS19) . They should have been Gazetted during the approvals to include the Public area and has to be followed when any change is proposed on Subang Jaya Town Planning..

The Development has been approved with a number of restrictions. Inter alia, units for each category of buildings - residential, commercial, institutional, building height (to match its being neighbor to the Subang Airport), intensity, etc.. to be built by a single Developer – EUP (Sime). It was deemed completed in 1986/87 and should not have any further development. However, “developments” never stopped after Wangsa Baidrui, Subang Square, …Subang Avenue, Empire Gallery, Toyota Car Centre, SS15/4 buildings, etc.. and they are in the Open Space allocated for Landscaped area, playground, or the Town Centre.

We had appealed to the Chief Minsiter, JPBD, Sime and YB Hannah Yeoh via our recent correspondences to do the ncessary (attached herein). Please stop all Appeals . Please help the CM to prove the CAT Government is at work and stick to Publicity and Openness as in TCPA and NLC to provide Mater Plans of 1970’s and other details as in point 2) on the website in TWO WEEKS time.

Location Plan in MPSJ Approval in 2003- T own Park, Lots 3065, 3067, 983,1126 & TNB Reserve .

http://hannahyeoh.blogspot.com/2010/03/mb-releases-classified-information-on.html

PRESS STATEMENT

MARCH 17, 2010

MENTERI BESAR RELEASES CLASSIFIED INFORMATION ONSUBANG RIA PARK

The State Executive Councillor (EXCO) meeting today agreed to declassify the minutes relating to the alienation of land in Subang Jaya, now known as Subang Ria Recreational Park.

The Selangor Menteri Besar had exercised his powers under Section 2C of the Official Secrets Act 1972 to release the minutes of an EXCO meeting held in 1987 so that the public is aware of the decisions made by the previous government on the matter.

The minutes revealed that United Estate Project Berhad (UEP), now known as Sime Darby UEP, applied for 72.64 acres of land in Petaling (now Subang Jaya) in 1986 for recreational purposes. The premium price for the land was tagged at RM4.95 million.

However, UEP had asked for a discount of the premium and the then Petaling District Land Office (Pentadbir Tanah Daerah Petaling) advised the State Government to consider the company’s request as UEP had already spent RM10 million to build recreational

infrastructure on the land and that the area would be for recreational purposes. It was further stated that a valuer’s report submitted then stated that the land is only worth RM1.575 million and if this value is used, the premium owed would be much less.

It was then proposed that 10 housing units (nine semi-detached houses and one bungalow) said to be worth a total of RM2.7 million, would be purchased from UEP as an exchange for UEP’s land premium. This exchange concept (“konsep timbalbalik”) meant essentially that UEP would make its land premium payment in kind instead of in cash.

The houses would be surrendered to the Selangor State Government, and gazetted as residences for the Petaling District Assistant Officers (Penolong-penolong Pegawai Daerah Petaling) and the Petaling District Council Secretary (Setiausaha Majlis Daerah Petaling). All 10 houses are located in SS19, Subang Jaya. This proposal was approved by the then State EXCO.

It is hoped that this declassification clarifies the manner in which Sime Darby UEP obtained its land titles for the land at Subang Ria Recreational Park. The past Selangor State Government approved the alienation of land based on consideration in kind which essentially means that Sime Darby UEP is the valid title owner of the land as approved by the then State Exco.

Although the current administration questions the ethics of the decisions made then and would not condone such practice in its current administration, nevertheless these decisions are binding and has to be taken into consideration in future decision making regarding the issue.

Sime Darby UEP has since submitted proposals on development plans on the land and is currently being considered by the state. As the rightful owner of the land, the State cannot stop them from making development plans. However, the State will ensure that the residents will not be deprived of their designated green lung area for the community’s recreational use.

Development in Selangor will not be done at the expense of the rakyat and the State Government assures that all decisions will be made with transparency and accountability and in line with the State’s “Merakyatkan Ekonomi Selangor” agenda .

PRESS SECRETARIATOFFICE OF THE SELANGOR MENTERI BESAR http://hannahyeoh.blogspot.com/2010/11/press-statement-from-menteri-besar.html

PRESS STATEMENTNOV 18, 2010NO DEVELOPMENT IN TAMAN SUBANG RIA UNTIL FULL VALUATION RE-PORT

SHAH ALAM: The Selangor Government has put on hold the proposed development of 19 acres in Taman Subang Ria until a full valuation of the property is completed and presented to Subang Jaya residents.

The decision was made this morning at the state economic action meeting chaired by Menteri Besar Tan Sri Dato Seri Abdul Khalid Ibrahim following briefings by Subang Jaya Municipal Council (MPSJ) president Dato' Adnan Md. Ikhsan and state town and country planning department director, Dato' Jaafar Mohd. Atan.

The State government is aware that 19 acres of development - which is part of the 72 acres that is owned by Sime Darby- have been placed in the gazetted Subang Jaya local plan but assured there will be no development approved until the valuation report is made known to the Subang Jaya residents.

The Menteri Besar also directed Dato’ Adnan to give briefings to MPSJ councilors as soon as possible to ensure that the residents have access to the correct information with regards to the issue.

The state government ensures its commitment towards ensuring proper procedures are adhered to, most importantly that all information must be given to residents concerned. This is in line with our belief in the right to information and freedom of information.

The residents must be duly informed, given full planning decisions, as they are ultimately the beneficiaries of the state's plans. We hope our planning and development decisions will be made on a multi-stakeholder basis, and continue to encourage such dialogue and discussion between the people and the government.

In April this year, the Menteri Besar gave his verbal commitment during his meeting with Subang Jaya residents in April 2010 that any decision on Taman Subang Ria would be put on hold until the valuation report was completed. At the same dialogue, acquisition of the area on one for one basis was proposed by the residents, an option which the state government said would be explored.

PRESS SECRETARIATOFFICE OF DATO’ MENTERI BESAR SELANGOR

http://hannahyeoh.blogspot.com/2010/11/press-release-by-menteri-besar-on-taman.html

KENYATAAN AKHBAR18 NOVEMBER 2010TIADA PEMBANGUNAN DI TAMAN SUBANG RIA SEHINGGA PENILAIAN PENUH SEHINGGA PENILAIAN HARTANAH SIAP

SHAH ALAM: Kerajaan Selangor tidak akan meneruskan cadangan pembangunan 19 hek-tar tanah di Taman Ria Subang sehingga penilaian hartanah siap dan dibentang kepada penduduk Subang Jaya.

Keputusan tersebut telah dibuat pagi tadi dalam Mesyuarat Tindakan Ekonomi Negeri Se-langor (MTES) yang dipengerusi oleh Menteri Besar Tan Sri Dato Seri Abdul Khalid

Ibrahim selepas mendengar taklimat oleh Dato 'Adnan Md Ikhsan, YDP Majlis Perbandaran Subang Jaya dan Pengarah Jabatan Perancang Bandar dan Desa, Datp Jaafar Mohd Atan.

Walaupun cadangan 19 hektar iaitu sebahagian daripada tanah Taman Subang Ria seluas 72 hektar yang dimiliki oleh Sime Darby - telah dimasukkan dalam  perancangan tempatan MPSJ. Walaubagaimanapun kerajaan negeri memberi jaminan tiada pembangunan akan diluluskan sehingga laporan penilaian dibentangkan kepada warga penduduk Subang Jaya.

Menteri Besar juga telah mengarahkan Dato 'Adnan untuk memberikan taklimat kepada ahli majlis MPSJ secepat mungkin untuk memastikan bahawa penduduk Subang Jaya mem-punyai akses kepada maklumat yang betul berkaitan dengan masalah ini.

Kerajaan Negeri Selangor akan memastikan prosedur dipatuhi dan yang paling penting se-mua maklumat perlu diberikan kepada penduduk yang terlibat kerana ini adalah selaras komitmen terhadap kebebasan maklumat.

Penduduk mesti dimaklumkan,diberikan keputusan perancangan penuh kerana mereka akhirnya akan menjadi penerima manfaat rancangan kerajaan. Kerajaan Negeri berharap keputusan perancangan dan pembangunan akan dibuat berasaskan pelbagai pihak  berke-pentingan, dan akan terus membuat serta mendorong dialog dan perbincangan antara pen-duduk dan kerajaan.

Pada April tahun ini, Dato’ Menteri Besar telah memberi komitmen melalui percakapannya dalam mesyuarat bersama penduduk Subang Jaya bahawa apa juga keputusan berkaitan Taman Subang Ria akan ditangguhkan sehingga laporan penilaian dilengkapkan. Dalam di-alog yang sama, Menteri Besar juga telah berjanji untuk mengambilkira cadangan pen-duduk untuk pengambilan tanah dimana penduduk telah menyatakan kesanggupan mereka untuk membayar RM1 bagi setiap RM1 yang diberikan oleh kerajaan negeri,

SEKRETARIAT AKHBARPEJABAT DATO’ MENTERI BESAR SELANGOR

http://hannahyeoh.blogspot.com/2010/11/taman-subang-ria.htmlTUESDAY, NOVEMBER 16, 2010

Taman Subang Ria Brief chronology of the application by Sime Darby to develop Taman Subang Ria :

April 2009 : State Planning Committee gave approval in principle to Sime to develop 19 acres out of 72.63 acres. Balance of 53.63 acres must be

upgraded and surrendered back to the State Authority as a public recreational park. [Note : this is still subject to a detailed submission of the application to MPSJ]. 

June 2009 : Hearing for the Draft Local Plan in MPSJ. MPSJ accepted the residents' suggestion to gazette the full 72.63 acres of the park as a recreational park.

February 2010 : Objections by resident groups were submitted to MPSJ after Sime has submitted an application to MPSJ to subdivide and convert land use of the park [Note : this is not a detailed application to develop the park]. 

March 2010 : Menteri Besar releases classified information on Taman Subang Ria particularly on how the land title for the park landed in Sime's hand.

April 2010 : Menteri Besar met about 600 residents of Subang Jaya in Holiday Villa for a dialogue session. At the dialogue, Menteri Besar agreed to conduct a valuation report on the costs of acquiring the park and to have it discussed at a second dialogue to be held in June 2010. There was a delay in the presentation of the valuation report. 

May 2010 : MPSJ rejected Sime's application to subdivide and convert land use of the park on the basis that it was inconsistent with the gazetted Local Plan. 

October 2010 : I was informed that Sime has appealed to Lembaga Rayuan (Appeals Board) in May 2010 against MPSJ's decision to reject their application. We immediately arranged for residents to file an intervener at Lembaga Rayuan, Derek Fernandez will be representing the residents for the hearing on 28 December 2010. Some inconsistencies have been found in the gazetted Local Plan and you can read more about it here.

November 2010 : I have been informed that the valuation report has been tabled to the Selangor State Executive Councillors and that the Menteri Besar is ready to meet the residents a second time via a dialogue to be held in December 2010.

My position : The decision by the State Planning Committee in April 2009 is inconsistent with Local Agenda 21 and lacks transparency and accountability to the people and should be nullified. No consultation was done by the Committee prior to this decision. The inconsistencies highlighted in the Local Plan are a cause for concern and I have notified the State Executive Councillors on the discrepancies. The Menteri Besar must investigate the inconsistencies and hold the culprit responsible. Sime Darby on the other hand (whose substantial shareholder is the Federal

Government : AmanahRaya is wholly owned by the Federal Government) should listen to the voice of the people and return the park back to the people.

Part of Lot 17394 was approved by MPSJ Lee Hwa Beng for a Car Park on 6/6/2007 without following TCPA and without Public consultation.