PETALING JAYA: Fifteen hawkers running food stalls at Gerai Wawasan 2020 in Taman Medan here have commenced legal action against the Petaling Jaya City Council (MBPJ) in a bid to prevent the demolition of the premises where they have conducted business over the past 30 years.
An originating summons, filed in the Shah Alam High Court earlier this week, seeks pre-action discovery from MBPJ of documents which the stallholders say are necessary to support a proposed application for judicial review of the council’s decision to demolish the premises.
The summons is scheduled to be heard by Judicial Commissioner Choong Yeow Choy this morning.
The stallholders are asking the High Court to order MBPJ to produce all communications between them and the council as well as copies of all licences, invoices, receipts, minutes of meetings and other records in their possession dating from the time the premises were constructed in 1993 to the present.
They are also seeking an interim injunction to restrain MBPJ from demolishing their stalls pending the disposal of the action.
That demolition may take place as early as April 30.
In a notice dated April 10, MBPJ had informed the stallholders that they had until tomorrow to remove all their belongings from the premises ahead of demolition works.
“The council may upon the expiry of the stated period enter and remove anyone or any movable property found on the premises with all costs to be borne by (the stallholders). The council will also bring legal action in the event this directive is violated,” the notice read.
Stallholder Noor Sita Osman, who affirmed the supporting affidavit filed on behalf of the stallholders, claimed each of them had paid RM8,600 for the construction of the stalls.
“The stalls were built with the approval of the Selangor government. The plaintiffs (the stallholders) were given sight of a plan which provided a layout of the stalls,” said Noor Sita.
“Each of the plaintiffs was very glad to be able to have our own stall to sell food. We gave up looking for stalls elsewhere. We saw no need because we had already obtained premises for the long term,” she added.
Over time the stallholders developed goodwill and were able to attract regular customers, she said.
According to Noor Sita, the stallholders had from time to time expended their own money to renovate their stalls.
“We had to keep up with the times and to deal with wear and tear,” her affidavit said.
“At no time did the defendant (MBPJ) intervene or offer to pay. We all therefore saw this as reinforcing the defendant’s representation that we had long term rights to our stalls,” she added.
As a result, the stallholders say they have a legal, equitable or contractual right to the stalls and cannot be “simply thrown out as if we are trespassers” without “reasonable financial compensation”.
Acknowledging that the premises may need to be demolished for road widening or drainage works to be carried out, Noor Sita says: “That is for the defendant to deal with, not us.”
“If they want us to leave they should in all fairness, equity and justice offer us reasonable, adequate and proportionate financial compensation,” she added.
She says the stallholders, who are “simple, humble people of simple means” have not kept proper records and would not be able to establish their case on their own.
“That is why we have commenced these proceedings for pre-action discovery as a precursor to judicial review,” said Noor Sita, adding that the application is unlikely to prejudice MBPJ.
The stallholders are represented by solicitors Zaid Ibrahim Suflan TH Liew & Partners. - FMT
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