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Lessons from Highland Towers lie buried in Bukit Antarabangsa rubble PDF Print
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Saturday, 06 December 2008 21:58
By Baradan Kuppusamy (The Malaysian Insider)

DEC 6 — One of the first actions the government took when Highland Towers collapsed in 1993, killing 48 people, was to announce a ban on hillside development.

Today the government announced another ban on hillside development following the tragedy in Bukit Antarabangsa where at least four people are dead, many injured and nearly 5,000 evacuated and a large upscale housing area declared a disaster zone.

This latest tragedy happened about a kilometre from the Highland Towers disaster that struck 15 years ago almost to the day.

In between the intervening years hillside development has been taking place and at an alarming rate despite the tragedies. Every November/December when heavy rains start, landslides happen and policymakers usually passed off the tragedies as an "act of God".

The forgotten lessons of the the Highland Towers tragedy, if complied with, would have saved many lives.

The official inquiry that followed and the drawn-out court case over the Highland Tower tragedy highlighted the failure of the local authorities to control indiscriminate hillside development.

It also fingered hillside development laws that were rudimentary at best and worst, the Federal Court held in 2006 that local councils were not liable for damage caused by landslides and collapses — virtually giving local councils total immunity against negligence suits.

The court found that the specific causes of the collapse were damage done by water that was diverted by another development project up the hill and which flowed behind the Highland Tower blocks.

The same reasons can be expected for the Jalan Damansara landslide yesterday and today's tragedy at Bukit Antarabangsa — damage done by uncontrolled, unmanaged water flow and rudimentary retaining walls unable to bear the sudden increase in load — mud, boulders, debris — that were loosen by water.

The Federal Court in the Highland Towers tragedy noted the same cause and effect, saying "an extensive area of land was denuded of trees and water flowed over this area carrying eroded soil, silt. These caused or contributed to the collapse of Block 1 of the Highland Towers."

But the lessons are not learnt and the tragedy is repeated, said lawyers involved with the Highland Towers case.

"People, policymakers, local authorities and developers did not learn the lessons," said a retired lawyer who was briefly involved in the case. "The reason is the huge profit that is to be made."

"The profit in upscale hillside development is enormous all round and everybody — officials, developers and lawyers — are willing to close an eye," he said.

"The structures look strong and they are strong but unless you manage the surrounding area of a hill and control all the development activities, damage would be done over time leading to a tragedy," the lawyer said.

"A hill is a holistic structure… you cannot develop one side and ignore the other sides. Geologically, everything is inter-connected on a hill," he said.

The shocking part of the Highland Towers tragedy is that local councils were absolved for their failures and held not liable for losses suffered by anyone should a building collapse.

Coming as it does from the Federal Court, the matter is decided unless it is reviewed by the same court. As such the Ampang Jaya Municipal Council then and now is absolved and not liable because the decision still stands.

In the Highland Towers case the council was held not liable for losses suffered by the 73 residents of Block 2 and 3 and in the deaths of the 48 when Block 1 collapsed.

The 2-1 ruling held that local authorities like MPAJ were given full immunity under Section 95 (2) of the Street, Drainage & Building Act 1974 (Act 133) from claims for the pre-collapse period.

The majority decision delivered by Justice Abdul Hamid Mohamad said that if the local councils were made liable, it would open the floodgates to further claims for economic loss, and this would deplete the council's resources meant for the provision of basic services and infrastructure.

He held that it was unfair for rate payers' funds to be used to pay negligent suits.

"In my view, the provision of basic necessities for the general public has priority over compensation for pure economic loss of some individuals, who are clearly better off than the majority of the residents in the local council area," he said.

Comments (34)Add Comment
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written by banjarbp, December 06, 2008 22:10:11
Yeah, and dollah only could say, "enough is enough...."
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written by Penang Laksa, December 06, 2008 22:21:24
Condolences to the victims but as usual SemiValue will say, "it is act of god", Pak Hadhari will blame it on the people's attitude, Najis will issue stop-work order, MCA will issue a regretable statement while Ong Tee Keat will cross words with Chua Soi Lek. 2 weeks later all will be forgotten and business will run as usual. until the next tragedy strikes. Long live Bolehland! smilies/cry.gif
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written by Motherchell, December 06, 2008 22:27:17
The powers that be use all means to create an eyewash fo all the errors. Man has build the Channel Tunnel -- its high time you see how the idiots read something about civil engineering . With the quality of graduates out of our U's is not surprising .
My condolences to all those families who lost their loved ones.

Is the enforcement of the designs based on the highest bidder?? Not surprised! Any innocent Malaysian will just buy a home -- thinking all is well --- and damn it! ----Najib! stop telling me its the forces of nature! Don't blame God !

When higher authorities in Govt like Uncle Jak including the Minister of Home Affairs cannot read and understand a simple passage of RPK ----- its not surprising they cannot read Civil Engg and Geological reports, and so such tragedies are waiting to happen.!!

http://sjsandteam.*********.com/
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written by kupas, December 06, 2008 22:44:56
Irrespective of the decisions made by the courts - we all know that the landslides at Bukit Antarabangsa is due to the authorities total disregard over the safety of the residents. It continues to grant approvals for further development on the hill, thus disrupting the drainage of the area. Even after this incident - we will see more developments. The existing development is not stopped. Today as the rescue workers worked around the clock to save whoever is still alive, delevopment at Andaman Ukay continues. The developer continues to banged and digged the ground,the vibrations defintely contribute to more instability to the area.
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written by TruthSayer, December 06, 2008 23:07:03
smilies/cry.gif
My deepest condolences to those who have lost their loved ones in this tragedy. The authorities should now focus their attention on another potential time bomb waiting explode, the Atheneum Towers in Bukit Antarabangsa. A few years ago, there was a land slide scare and many residents wisely moved out. However, there are many new residents, mostly tenants who have moved in due to the reasonably cheap rental, unaware of the danger the are in.

What is a human life worth? How does one affix a monetary value to it?
Is the continual occupancy of the Atheneum Towers worth the risk? The authorities must step in to protect lives despite the economic losses that the owners of the apartments will suffer. The Towers should be declared unsafe and demolished as the position of the tower blocks, which are right on the edge of the hill, makes it obvious that they will fall one day as the slope weakens year by year due to water erosion.

I pray that those in power will sit up and take note NOW rather than be around to offer condolences again should tragedy strike.
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written by Zeroean, December 06, 2008 23:15:11
the authority has an obligation to grant approval if any developer fulfills and complies the planning guidelines, by-laws.... etc. In bolehland, 2 things are surely not so correct:-
1. poor/unclear planning guidelines and by-laws (bcos it's drafted by birdbrain)
2. if the guidelines and by-laws are clear, the approving authority will allow 'waiver' or grant approval if the developers or consultants 'do the UNMOral style'!
So, where is the hope???
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written by Oyster, December 06, 2008 23:27:59
When the residents of Taman Hijau protested against further development on hill slopes citing a legislated ruling that no development can be allowed on slopes of more than 35 degree incline, MPAJ replied that this was an obsolete rule as modern technology has enabled them to be able to remove or level slopes entirely.MPAJ scoffed at the protesters and threw every dirty trick in the book at them .Toyol himself justified the need for development on hillsides saying that it was necessary as there was not enouh level land in Selangor to build homes for the growing population.
I 'd love to hear what he has to say about this latest tragedy.I bet he dare not show his face at the site.
Please Toyo ,explain again to the families who have lost their homes and loved ones why your plan was such a good one.Otherwise be content with being remembered forever as a theiving balless freak.
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written by raven1958, December 06, 2008 23:38:15
It's a mess isnt it.....all know this entire thing is Toyo and co's screw up.....but surely the PR can make far much more noise here......hello Ronnie wake up....there are issues and problems that the PR can look into and stop before further tragedy strikes........there are other ongoing hill developments that need to ne reviewed urgently.....Khlaid, Ronnie (local council) can do something about it now instead of forever blaming the previous crooks...Screaming Toyo crook Toyo crook is just not going to stop these tragedies or unwanted screwed up projects....in Selangor there is this horrible feeling that the PR government is still not in control and instead UMNO and its henchmen at local councils are running the show....Khalid must do more to remove errant council chairmen or civil servants who are in cahoots with crooked developers. Wake Up !!!!!!
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written by Jack Sparrow, December 06, 2008 23:46:15
They "cepat lupa-lah" .... too engrossed in power and to get to the top whatever it takes; all of the time it is public funds. Other matters do not matter, counting votes is all that matter.

Everything is shallow everything built is shallow, minds are shallow, they are shallow.

The same story again and again, lessons are never learnt. We shall see the same disasters again and again, we shall see the same fumbles again and again. It is the same old story of look but don't see and hear but never listen, aiyaaah ..... "enough is enough"
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written by cahaya, December 07, 2008 00:09:11
It is so sad that people have lost loved ones and their homes.

The shocking part of the Highland Towers tragedy is that local councils were absolved for their failures and held not liable for losses suffered by anyone should a building collapse. Coming as it does from the Federal Court, the matter is decided unless it is reviewed by the same court. As such the Ampang Jaya Municipal Council then and now is absolved and not liable because the decision still stands.
- - Lessons from Highland Towers lie buried in Bukit Antarabangsa rubble
http://mt.m2day.org/2008/content/view/15752/84/

Another big mess caused by BN. After the Highland Towers tragedy in 1993, the official inquiry highlighted the failure of the local authorities to control indiscriminate hillside development. But the Federal Court eventually decided in 2006 (some 13 years later?) that the municipal council is not liable for for damage caused by landslides and building collapses. If not them, then who is liable? The policymakers, local authorities and developers did not learn the lessons, and simply “close one eye”. Surely this is blatant negligence and corruption.

Photos of the recent landslides, collapsed buildings, and floods are good enough visual reasons why voters should not vote for any candidate representing BN. Who would want their neighbourhood or district to be served by a party that does not value human life?
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written by mob1900, December 07, 2008 00:16:39


And Barisan Najis have yall believing it on the 'Hillside Development Ban'
Bukit Gasing Residents vs Hillside developers, guess who fight FOR the Developers?
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written by Orang Muda, December 07, 2008 00:45:16
Lessons learned?
Come on... That was at least 15 years ago... since then how many more hillside projects were being approved? How many tragedy happened again and again at the same area? how many lives have been lost?

Check this out:

http://www.savetamanmelawatihill.com/

The residents opposed these projects but the current government says cannot do anything about it since the projects were approved by the previous government before 308... So, more lives are going to be lost again?

Who cares when you can make $$$...?
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written by InEffective, December 07, 2008 00:48:04

Beautiful collusion between the land and muni-council ably assisted by our crime-abetting judges.
( couldn't ask for a more snug association for self-enrichment )

Malaysians will care, only when their family members become victims...
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written by smalluncle, December 07, 2008 01:05:07
I guess government will immediately act of the freezing as opposed to aal the NATO all the while is when the tragedy hill the PUTRAS and hit them hard.

Now, where should the next massive landslide be? Duta hill?
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written by Sam W, December 07, 2008 02:41:26
If there is a demand, there will be supply. People should stop buying hill side properties.
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written by temanmu, December 07, 2008 02:44:32
BLOOD on UMNO's hands!

Money, MOney, MONEY ... it's a corrupt (UMNO) world!
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written by FFT, December 07, 2008 03:01:01
Jasmiah Abdul Mutalib, 56, was lucky to escape unscathed when the wave of mud petered out just a few feet from her home.

She related how she heard three explosive sounds this morning. She rushed out of her home to a devastating scene.


This just confirms that Rosie had ordered another round of C4-ing of her enemies and those who pose an inconvenience in her quest to become PM of Malaysia.

To hide her crimes, she got her UTK goons to simultaneously cause a landslide.
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written by hiro, December 07, 2008 04:25:47
MPAJ may be under the purview of Selangor State Authority now, but those developments going on must have been approved on the watch of BN administration. The blood is clearly on their hands. It's a scandal Najib does not need, but unfortunately, he must be the scapegoat.
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written by Dominic, December 07, 2008 04:56:23
Every DEATH, Tragedy, Economic Suffering, Poor infrastructure, flood just blame it on UMNO-BN until they are in Jail You protest their development like in the recent Damansara Land slip but property developers with connection to councils and Judges allows CORRUPTION to make CANNOT to BOLEH.

Rot in Hell to those corrupted developers, judges and councils. The longer we delay removing UMNO-BN the worst it will be in the ADDITIONAL days, weeks, month and years ahead.

Interesting to see ROSMAH (najib's Plastic face wife) trying to show concern to raise her PROFILE to be LOVED by Rakyat....ha ha ha ha. Even the reporter in their Lintas Lansung trying to Bodek to Najib by ACCIDENTLY Nearly said PERDANA MENTERI NAJIB...then corrected himself Badawi akan lawat.

You want UMNO-BN to come >>>> CREATE DISASTER for photo opportunity. Otherwise enjoy the 51 years of RTM of ongoing Upacara Perasmian. Everyday Malaysia UMNO-BN Racist leaders Rasmi or in some opening ceremony. Imagine each cost $20,000 to set up, 1 year = $7.3 million, 51 years = 372 million to buy rakyat heart....or shall I brain wash rakyat for another day. Bit we know some of this ceremony can easily cost 0.5 million to set up. What have changed in Malaysia?? Nothing but PERPETUAL Corruption and SUFFERING by rakyat.

Do your best to Boycott Proton, Kancil Petronas, Star, Berita, Local Banks and stop the blood racist flow of money to UMNO-BN. The power of Boycott in this era of Credit Crisis is X 100. Destroy UMNO-BN whatever it takes!!
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written by A MI, December 07, 2008 06:02:36
Even just before TDM left there was some sort of ban on hill cutting but did anyone heed that?

The recent landslides are not an Act if God but all man's doing- like in the Highland Towers incident "the specific causes of the collapse were damage done by water that was diverted by another development project up the hill and which flowed behind the Highland Tower blocks.....damage done by uncontrolled, unmanaged water flow and rudimentary retaining walls unable to bear the sudden increase in load — mud, boulders, debris — that were loosen by water."...the local authorities and the developers should be held responsible.

Deepest sympathies to all affected.
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written by lynn, December 07, 2008 07:31:52
Who are these men with authority to give approval for all these projects?

Publish their faces & names, and detail their training, background. You will be shocked to learn the truth. They are probably not qualified so again the finger is pointed to the govt - you are ultimately responsible for you do not practice meritocracy.

You cannot ignore MERIT and hope to get by somehow.

Noticed that everything in this country is on "BOLEH" basis - we are so third-world, so mediocre. And lastly, the rakyat, the buyers of properties on hill-side projects shld use your little common sense. Don't buy.
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written by bexe, December 07, 2008 07:58:18
corrupt, corrupt, corrupt!
Everyone involved in this should be behind bars.
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written by Mr Smith, December 07, 2008 08:37:15
The blood is on the hands of all those who have corruptly gained from the development - the approving authority, developers and political parties.
Developers and local councils work hand in hand, money change hands and contributions are made to BN parties prior to the general elections.
House buyers are the dead ducks - they can never beat the developers and local councils, in or out of court.
The Federal Court was not too concerned about the merits of the claims but more to protect 'taxpayers funds' since the residents were 'better off'.
In this country the small man never wins.
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written by raven1958, December 07, 2008 10:42:30
Every one of thoses pariah judges who gave local councils immunity should be charged for murder by default..lined up and shot dead
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written by sonofmalaysia, December 07, 2008 11:47:12
All the crook and hyena ministers only pretend to work. If they are not working hard find every possible ways to steal from the Rakyat , they will be fighting among themselves !!

When disaster after disater happens, they came out and pretend to show concern and pretend to do something, after that , forgot about it !!



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written by A MI, December 07, 2008 14:12:46
Another state which may suffer floods is Malacca. Reclamation is being done with no regard for the coastal marine ecology nor the people's recreational destination. Once Pantai Klebang a popular destination for local weekenders is now just sand.

The dust from the mounds of reclaimed sand is wind blown into the houses around there!

Does anyone in the authorities care?

If Klebang floods, only the CeeEmm and local government should be blamed- of course all those who voted them in should share the sin...
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written by kislean, December 07, 2008 16:33:20
WHY OH WHY do people want to buy houses build on hillsides I will never ever understand. Do they not think of the risk ? No phobias at all ?
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written by Beautiful Mind, December 07, 2008 17:06:01
The Government should really have learnt a lesson after the Highland Tower tragedy 15 years ago. Bukit AntaraBangsa unlike Country Heights in Kajang has made headlines repeatedly with disaster after disaster and l will be suprised if people will still want to buy/build a bungalow there after this. You do not need to give the satisfacton to the developer if they dont do their work right. Dont buy their houses and let the company suffer.

You dont need a Ph.D in Geology or Soil Science to understand that before you embark on a Prject as grandiose as the Housing Project at Bukit AntaraBangsa, you will need to carry out research to ascertain that it is suitable for housing development. If the soil is unsuitable, dont proceed and the government should intervene not to approve construction work. This is logic. If it is unsafe why do it.

Developer cannot put human lives at risk for a few million ringgit of profit.

You want to do it...ensure Health and Safety comes first.
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written by 1eyecls, December 07, 2008 17:25:51
most of the UMNO warlords n ketua local council officers,millions of dollars flown into their bank account respectively,like PAC chairman Azmi,tengok mana ada gadis melayu cantik,kahwin sajalah,isteri kedua,ketiga,keempat..............kelima dan seterusnya kena simpan dan sembunyilah,nanti takut jakim tangkap,habislah!
rumah runtuh?bukan saya punya rumah,peduli apa?
padanmuka mereka,dulu i jadi DOE director,mereka banyak sogok wang kasi saya,saya ambil sajalah,wang you tak mauke?ini dosalah!hahahahaha!
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written by advocatusdiaboli, December 08, 2008 00:35:26
Inilah "Satu Lagi Projek KERAjaan Barisan Nasional". Lanciau!
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written by advocatusdiaboli, December 08, 2008 00:38:50
Bro raven1958. better to put those judges under ISA and torture them kaw-kaw. Then only shoot la. Let them beg for death. And believe me those pussies will not last long under ISA and will want to take the easy way out.
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written by mikewang, December 08, 2008 01:13:18
"One of the first actions the government took when Highland Towers collapsed in 1993, killing 48 people, was to announce a ban on hillside development."

I think we could have avoided the Bukit Antarabangsa disaster if we had banned the BN government in the subsequent years following the Highland tower incident.
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written by mikewang, December 08, 2008 01:15:24
MPAJ under KL or Selangor ?
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written by sataysticks, December 08, 2008 08:25:03
The Pakatan Govt can't keep blaming the previous govt all the time. Now that the ball is in your court, wake up and do something. Ronnie Liu as the EXCO in charge of local govt has to ensure a few heads in MPAJ roll.
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