Comment | By Wong Chun Wai

David and Goliath

RENOWNED animal activist Christine Chin and her family have been residing on a 38,000 sq ft piece of land in the northern reaches of Ampang for 11 years in a luxurious Asian-styled villa tailored to her interests and lifestyle.

In addition to her collection of art pieces and objects, there’s also an office in the house for the chairman of the Society for the Prevention of Cruelty to Animals (SPCA) Selangor.

Naturally, a large well-landscaped and lush garden is also home to rescued dogs and pets of friends, which come to her when their owners are away. The compound also offers a clean and comfortable space when rescuers seek her assistance for temporary housing of animals.

It was a fulfilling and idyllic existence, until late 2016 when her nightmare began.

It was a rude end to everything she had wanted to build her life around. In fact, it was the beginning of a traumatic roller coaster ride, both emotionally and financially.

The developer of the East Klang Valley Expressway (EKVE) and Ampang Jaya Municipal Council appeared at her doorstep one day and informed her that her property encroached on state land, when in fact, the property owner had a title deed refuting their claims.

Fast forward to 2023, and the EKVE remains uncompleted and has become an eyesore. Residents in the area are also upset because Chin has been spending too much time and money fighting the case.

“Every morning, I wake up and see this ugly structure, which is just metres away from my home. It’s coming to six years now.

“The delay has given us immense anxiety and financial distress. We can’t even sell the property with this dangling over our heads, literally.

“I doubt that anyone wants to take over (buy it) when they see the incomplete highway and its proximity to our home. Don’t forget the legal issues also.”

The crux of the issue is that Article 13 (1) of the Land Acquisition Act states that there must be adequate compensation for a property acquired.

But the unhappiness for Chin and other residents is that the state government is taking ages to provide compensation.

She had written several letters to Selangor Mentri Besar Datuk Seri Amirudin Shari but, with no resolution forthcoming, she has had no choice but to pursue legal solutions.

The builder of the EKVE, which is a RM1.55bil 36km highway between Ukay Perdana and Bandar Sungai Long in Kajang, has a 50-year concession to run the highway and it is supposed to have been completed in 2019.

It has continued to seek an extension because the project is mired in multiple complex legal issues and logistical delays.

Chin said she had even been blamed for the delay but believes “this a good lesson for all citizens as our rights should not be taken away”.

While fighting for compensation, dialogues were had about redesigning the elevated U-turn to avoid the property, six years after the compulsory acquisition completed in 2018.

This redesign prompted Bukit Antarabangsa, Beverly Heights and Taman Sering Ukay Residents Association to file protest letters to the Malaysian Highway Authority (LLM), calling for the authorities to evaluate the new design and provide reassurance that it has followed safety standards.

The association chairman Brig Jen (R) Datuk Mohd Arshad Raji reportedly said the current redesign appeared too sharp and narrow for vehicles, saying it would be prone to accidents for motorists, especially those living in Ukay Perdana, Bukit Antarabangsa.

Arshad, who is also the Army and Police Veterans’ National Patriots Association president, said the highway’s construction stopped at a bend because it encroached on private land where compensation was not paid.

The Land Administrator has now issued an award, known as Borang H, to the property owner for the hefty sum of RM11.2mil, but not a single sen has been paid.

The Borang H is a notice of award and offer of compensation made by the land administrator in respect of a compulsory land acquisition.

But soon after the award was issued, the developer, EKVE Sdn Bhd, a subsidiary of Ahmad Zaki Resources Bhd, took legal action against Chin and four state agencies for alleged fraud and negligence.

In court documents filed on Oct 30, 2019, the defendants included the Land Administrator of Gombak, Registrar of Titles, Selangor, State Directors of Land and Mines, Selangor, and Director of Survey and Mapping, Selangor.

The EKVE has not only earned the rap from residents but even drawn the attention of former prime minister Datuk Seri Ismail Sabri, who said in 2021 that the construction of the highway had caused floods because drains were clogged, thus disrupting the drainage system in Hulu Langat.

He said clogged drains caused the water to rise quickly with Hulu Langat being the worst-hit area during the massive floods then.

In March, the Works Ministry said the EKVE was 91% complete and that it would be opened in stages starting 2024 – which is just months away.

It certainly doesn’t look that way. Most importantly, this story needs to be told because while most people would simply accept similar compulsory land acquisitions quietly, the property owner chose to fight back.

She’s not against development and she understands the spirit of the Land Acquisition Act, but she is merely fighting for what is right and fair, and importantly, hopes to be treated with respect.

She fights a lonely and expensive battle, but she’s not letting it go that easily.