Shah Alam city council, KDEB fail to strike out Taman Sri Muda residents’ RM3.7m lawsuit over 2021 Selangor floods
KUALA LUMPUR, July 6 — The High Court in Shah Alam today decided that it will hear a lawsuit by 50 residents of Taman Sri Muda in Selangor’s capital who are seeking over RM3.7 million compensation over the December 2021 floods in their neighbourhood.
The 50 residents’ lawyer V. Vemal Arasan told Malay Mail that the High Court today dismissed both the Shah Alam City Council (MBSA) and KDEB Waste Management Sdn Bhd’s bid to have the lawsuit struck out.
Previously, MBSA and KDEB — who are the sixth and seventh respondents being sued — had separately filed applications to strike out the lawsuit.
According to Vemal, High Court judge Datuk Mohd Zaki Abdul Wahab dismissed the two striking out applications as he “agreed that there are issues to be tried in a full trial” and ordered both MBSA and KDEB to pay costs of RM4,000 each.
The High Court’s decision was made after hearing arguments presented by Vemal, MBSA’s lawyer Norazalina Hairuddin and KDEB’s lawyer Tina Ann Pushpa Francis.
Also representing the 50 Taman Sri Muda residents are counsel Datuk Gurdial Singh Nijar who was assisted by lawyer Abraham Au, while the residents’ solicitors are lawyers James Joshua Paulraj and Kavitharini T Ramesh. It is understood that the lawyers are acting pro bono for the residents.
On June 22, 2022, the 50 residents sued 10 respondents in their lawsuit, namely the director-general of the Natural Disaster Management Agency (Nadma), the minister in the Prime Minister’s Department, the director-general of the Malaysian Meteorological Department (MET Malaysia), the minister of environment and water, the director-general of the Department of Irrigation and Drainage, the MBSA, KDEB, Tenaga Nasional Berhad (TNB), the Selangor state government, and the government of Malaysia.
Separately, the Malaysian government and the first five respondents (Nadma director-general, minister in the Prime Minister’s Department, the MET Malaysia director-general, the minister of environment and water, the Department of Irrigation and Drainage’s director-general) had on April 5 jointly filed an application to strike out the lawsuit.
Vemal said the High Court will hear the Malaysian government and the five other respondents’ striking out application on August 9.
Asked by Malay Mail, Vemal confirmed that TNB and the Selangor state government did not file applications to have the lawsuit struck out.
In the lawsuit, the 50 residents claimed to have suffered losses amounting to over RM3.7 million as a result of the 10 respondents’ alleged breaches and negligence.
The residents are claiming for special damages totalling RM3,767,148.51 from the 10 defendants jointly and separately, general damages to be assessed by the High Court, and aggravated damages.
