Court orders Taman Sri Muda flood negligence trial to proceed

 

The flood-hit Taman Sri Muda residents are seeking RM3.8 million in damages.  (Bernama pic)

PETALING JAYA: The High Court today dismissed the applications of the Shah Alam City Council (MBSA) and KDEB Waste Management Sdn Bhd to strike out a negligence and breach of statutory duty lawsuit brought against them over the 2021 Taman Sri Muda floods.

Fifty residents filed the civil action against MBSA, KDEB and eight others in 2022, seeking RM3.8 million in damages.

The residents alleged that MBSA had approved too many developments in the area and that KDEB failed to manage its domestic waste collection and public cleaning services well.

Lawyer V Vemal Arasan said Justice Zaki Abdul Wahab dismissed the applications and ordered the civil action brought against them to proceed.

Vemal said the court ruled that there were issues that needed to be heard at a full trial.

Zaki ordered MBSA and KDEB to pay RM4,000 each in costs, according to Vemal.

Meanwhile, the court will hear a related bid by the federal government, director-general of the national disaster management agency (Nadma), special functions minister, director-general of the meteorological department, environment and water minister, as well as the drainage and irrigation department to strike out the same suit.

The government contended that the lawsuit disclosed no reasonable cause of action, and that the flooding was “an act of God”.

The court will hear the government’s application on Aug 9.

In their statement of claim, the residents said Nadma was not effective in coordinating rescue, despite a National Security Council directive that it would be the lead agency in the operation.

They said the meteorological department had failed to give timely warning of the impending floods, adding that they were only alerted two days after the deluge, despite the department issuing a warning to people living on the east coast.

Furthermore, they added that the drainage and irrigation department and the local authority had failed to develop and manage the Klang River flood system.

Gurdial Singh Nijar is lead counsel for the residents. Others in the team are Abraham Au, James Joshua Paulraj and TR Kavitharini. - FMT