Can A Road be Legally Constructed On A Reserved Open Space : KingFisherPark Kota Kinabalu?

A case in point is the ongoing objection by the Residents of Taman KingFisher Park , Kota Kinabalu, Sabah.

IN THE NEWS : 18th July 2007 : Kota Kinabalu Sabah

Sabindo devt: Firm files suit

"KOTA KINABALU: Sabindo Nusantara Sdn Bhd filed a suit in the Tawau High Court Tuesday against Tawau Municipal Council (TMC) and three others seeking an order to stop the development of an open space and car park reserve in Tawau into a commercial building.

It named TMC, Aggasf Construction Sdn Bhd, Jeramas Sdn Bhd and KK Land Sdn Bhd as defendants.

The suit , filed by Gaya House Sdn Bhd on behalf of Sabindo Nusantara Sdn Bhd (plaintiff) trough the lagal firm Messrs Maringking & Co, seeking a court order that:

* the construction of commercial shop houses on the car park and open space is illegal and against the law and public policy.

* Tawau Municipal Council and KK Land Sdn Bhd not to continue occupying and trespassing the open space and car park.

* construction of commercial shop houses on the car park and open space be stopped and restrained immediately.

In their writ of summons, the plaintiff claimed to be the rightful owner of the open space and car park reserve, which the defendants are now developing for commercial purposes.

The plaintiff stated that they have right to the lands held under TL 107522985 and TL 107523008, the lease of which will only expire in 2070.

The plaintiff also contended that Chief Minister Datuk Seri Musa Aman had also ordered and directed that commercial development of the open space and car park reserve be stopped with immediate effect.

They claimed that the chief Minister's order was widely published in the local new papers.

The plaintiff also stated that the ongoing development on the said property was in breach of the terms set out in the title deed of the land.

They contended that it was clearly null and void and indeed the developer was committing offences by constructing shop lots without first obtaining approval to change the land use as set out in the title deed, namely for car park.

The plaintiff also claimed that the said lands were reclaimed and developed by them and that their leases were specially endorsed only for the purposes of open space and car park.

Benedict Mansul, Gaya House Sdn Bhd's group legal advisor, said the plaintiff's solicitor had requested for an early hearing"

Comment: "By its very definition, an open space is an open space and nothing else. Construction of any kind of development is inconsistent with the purposes and use intended."

Sabahans UNITE!

(From Joshua Kong's Postings) Funny, RM1 or 2 billion is a great deal. Is it a child with the lollipop and tell the siblings to be happy ? Why suddenly it is an issue that the Sabah's Treasury is loaded with a couple of billions Ringgit and that is considered as proof of good governance? What is the virtue of a couple of billions Ringgit when Sabah had been swindled of hundreds of billions Ringgit in a few decades while I had lodged a Police Report of land losses alone are worth A trillion Ringgit over a length of time. Yet the State Government is not taking any effort to recover those land revenue already lost and still to be forfeited by a corrupted system. I know you may not know what I am talking about until we do a detailed study on that Police Report. But we cannot let a 'legitimate foreigner' to be the Director of Land & Survey twice. As all my 15 Police Reports are about losses -financial and otherwise - the total figure can add up to a few Trillions Ringgit. I had also lodged a Police Report on Sabah Wealth as near gone for various obvious reasons and when we compare all those losses, what is a couple of billions Ringgit, but if we compare that with a Treasury as always empty, then that is a lot of money. But do we know how much the State Government owe creditors namely the water suppliers and the judgement debts in the Courts yet to be enforced. This had happened before and it will happen again. I believe it was during the end of Berjaya's second term in the early 1980s, it was also reported that the Treasury was fairly loaded. But as soon as Berjaya lost the General Elections in 1985, much of that reserves was gone but how the Government must tell us. One of the likely scenarios is that debts remained unpaid at that point in time and when debts were honoured, the reserves would be utilised and depleted back to negative level. So nothing to boast about for a system based on cash accounting. Meanwhile the Federal Government since 1963 owes Sabah at least RM40 billions and that is money due to Sabah in accordance to the Malaysian Agreement. It is timely that Sabah needs that amount to rebuild the lives of Sabahans after Tsunami of Illegals and Illegalities through a Trust Fund to be managed by Joshua Kong who had filed the complaint to the International Criminal Courts. There is no problem for Petronas to pay us this sum of money. So are you really happy with a couple of billions Ringgit when we should be getting back RM40 billions of our own fund as misappropriated by the implementation of the Malaysia Agreement for 44 years. With this kind of settlement, then there is a meaningful celebration of 50/44 years in Malaysia in 2007. Sabahans - Unite and pursue our rights. Joshua Kong (proponent of MIGS and WON) http://forum.cari.com.my/viewthread.php? http://www.e-borneo.com/col/jkong/

The Hiden Cause Behind All Things

We exist in order that we may become somethings more than we are, not through favourable circumstance or auspicious occurrence, but through an inner search for increased awareness. To be, to become, these are the commandments of evolving life, which is going somewhere, aspires to some un-scaled heights, and the awakened soul answers the call, seeks, grows, expands. To do less is to sink into the reactive prison of the ego, with all its pain, suffering, limitation, decay, and death.

The man who lives through reaction to the world about him is the victim of every change in his environment, now happy, now sad, now victorious, now defeated, affected but never affecting. He may live many years in this manner, rapt with sensory perception and the ups and downs of his surface self, but one day pain so outweighs pleasure that he suddenly perceives his ego is illusory, a product of outside circumstances only. Then he either sinks into complete animal lethargy or, turning away from the senses, seeks inner awareness and self-mastery. Then he is on the road to really living, truly becoming; then he begins to uncover his real potential; then he discovers the miracle of his own consciousness.

Mastery over life is not attained by dominion over material things, but by mental perception of their true cause and nature. The wise man does not attempt to bend the world to fit his way or to coerce events into a replica of his desires, but instead strives for higher consciousness that enables him to perceive the secret cause behind all things. Thus he finds a prominent place in events; by his utter harmony with them he actually appears to be moulding them. He moves effortlessly through the most strenuous action, the most perilous times, because his attunement with the mental force that controls the entire universe guides him to perform the work that needs to be done.