Following the three previous write-ups (Article 1, Article 2 and Article 3) that appears in R2W since August 26th where I had express my frustration and fear over the impact of building 10 units of apartment in the mosque compound, I had the opportunity to engage two of the MBA committee members. In my discussions that was concluded today with En Fazlur Rahman who is the Chairman of the Finance Sub Committee of MBA the following points was discussed and agreed.
The BA Mosque Management Committee (MMC) always keeps an open view and takes into consideration of the sentiment and feelings of the surrounding neighborhood and kariah in deciding the final status of the apartments.
The official position of the MMC which has been recorded officially and that a resolution has been passed unanimously that the MMC will not allow any construction activities within the mosque compound. The basis of the decision is based on the following points:-
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The current space is limited. The proposed development will limit availability of parking, open spaces and traffic flow.
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The input from JKR that the hill behind the mosque i.e. Lot 13494 is not stable and is a high gradient slope.
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MBA can consider various other syariah investment options on how to spend the monies in the Mosque Development Fund as long as it is in-line with the objective of the fund.
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The surrounding residents and mainly the kariah as a whole do not want to have any houses built within the compound.
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The objective of the Mosque Development Fund is to finance interior and exterior works of the mosque including capital expenditure and to invest in the property sector or any Syariah compliance investments that will generate a stable stream of income to finance the operating costs and capital expenditures of the mosque in the long run.
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The proposed developments may take more than 2 years to complete and costs can lead to a cost overrun exceeding RM 2.0 million.
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To date, MBA have RM 1.3 million cash in the Mosque Development Fund which is invested in Bank Muamalat GIA. The investment can fetch around RM4,000 per month in terms of profits/hibah which can partly finance the mosque operating deficit.
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Having 10 apartments with anticipated noises from the tenants would not be conducive for the Jemaah to perform their Ibadah.
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The planning and decision of the proposed development within the mosque compound was initiated few years ago by the Building Committee. At that time, we do not foresee the various issues regarding the availability of parking space and the land gradient.
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The MMC has initiated the necessary steps to halt and reverse the process that is of a serious concern to the surrounding community.
The MMC is planning to inform the kariah via its bulletin on the developments surrounding the Building Committee, the amount collected and spent to date and the various investment options or actions we can consider as long as it is in line with the Funds Objectives. The MMC will welcome feedback and decide on its next course of action.
In the first write up that appears in R2W (Para 5), it was reported that the MB Building Fund has RM1.8 mill. The actual balance of the Mosque Development Fund to date is in the circa of RM1.3 million.
In view of the latest position and clarification that was brought to light, R2W would like to express its deepest and sincere appreciation to the BA MMC and particularly to the Chairman of the Finance Sub Committee for airing their latest position on this matter and for giving the necessary comfort to the neighborhood. R2W apologizes for any inaccuracies that had arises from the last two writings, if any.
On a separate note, since this matter came about, R2W has engaged MPAJ, the MB Office, the Director of JPBD (Dato Jaffar) and has questioned them on the basis of rules and regulations on the decision taken by MPAJ to approve the project. It is really worrisome when the local authorities did not act within the corridor of the law in approving any projects and appears to exercise the available rules plenty of flexibility.
To ensure future compliance and no repeat of this kind of process, R2W intends to bring the irresponsible MPAJ officers that are involved in approving this project to the attention of the State Authorities. They have violated the JPBD guidelines on hill side development as well as the processes that outlined within the ACT 172. If there is a need, R2W will lodge a report to the Police and MACC to investigate the matter further. This is to ensure that office bearers in the LA take extra care in making sure that any future developments will be handled in greater professionalism and is processed according to present laws.
In view of the latest developments, I have decided that I will authorize the BA MMC on how they intent to spent the money that I have contributed for the best interest of the mosque OTHER THAN BUILDING HOUSES IN THE MOSQUE COMPOUND.
i suspect the MPAJ officers just approve the project cos it was one in a mosque, they may have been frighten to say no due to various reasons including religious. so better to counsel them and that all developments need to be looked at from building laws etc
rocky
Frighten may not be a correct word, probably the better word is flexible or accommodating because the request came from a mosque.
Agree. they were in a difficult position to say NO due to such a circumstances. Benefit of doubt should be given to them for this time.
Firstly I wish to congratulate you on your success. But I find the whole issue perplexing and cannot derive any conclusion in improvement in the system.
First of all, was there due process? Was it advertised and was there objections. Secondly if it has been decided by planning authority how was it able to be reversed? The mosque committee’s decision is to me a private matter between you and the committee. But I’m confused how this happened and how it’s reversed. I an Not trying to condemn anyone but wish to understand whether planning process was followed originally. If not how was it short circuited? And if decision Has been made how was it reversed procedurally? I’m not arguing on merits doc which from what I read seems on your side. But I don’t get from what you wrote which part of the process that went wrong, how it went wrong and how to ensure it doesn’t occur. Also unclear as to the appeal process which I think should not be arbitrary as well. Otherwise we will not get consistent result.
Ellese
(1) There is 2 ways we can abort this project (a) Land owner withdraw application and intention (b) We get authority to reverse its approval via LPHS
I had approached the issue on both channels simultaneously. I was informed last night and as highlighted in my writing that the MMC has made a resolution to withdraw planning application and now in the process of dissolving the Mosque Development Committee. The text of my writing today is an agreed text between me and En Fazlur (except the last 3 para which is nothing to do with the Mosque)
On MPAJ
(A) The processes has been short circuit. It seems flexibility beyond reasons was applied to approve this application.
(B) MPAJ has failed to comply
(i) ACT 172 [Section 8]
(ii) JPBD GARIS PANDUAN PERANCANGAN PEMBANGUNAN DI KAWASAN BUKIT DAN TANAH TINGGI NEGERI SELANGOR, 2010 and possibly
(iii) JPBD “Manual Garis Panduan Dan Piawaian Perancangan Negeri Selangor 2007″
(iv) Zoning laws 2008
I am still waiting for an official reply from MPAJ on the basis of their approval. Yesterday, I heard that they are doing some internal damage control. One officer now tells me actually it has not been fully approved! I did not know that there is such a thing called half approved!
One thing for sure there are many creative people in our country
Tq. Very interesting. I am still unclear of facts and probably you are in the process of clariifying one as well.
What I’m unclear is whether approval was given by the local council on 20/7 as referred to in your writing( hope got the date right). Have they given the approval in writing? If so there’s a number of issues. How did all the local councillors miss the laws and guidelines slope development? was it even discussed? How did this fundamental compliance be disregarded. To me this is serious. All would be culpable without excuse. If true It warrants a number of things including a disciplinary action for failing to comply with the basic requirements and I believe also a suspension of their ISO, to say the least. Worse case scenario there’s chicanery and fraud/breach of trust/ corruption which leads to a criminal offence. Hard to say now which is which coz limited facts.
Secondly if approved, then what process mechanism that we should introduce so that it doesn’t happen again. MPAJ and local councillors must come with a procedure to ensure this does not happen. How could they disregard the law and procedure?
Third, if already approved with due respect to you, how could they suddenly reverse it. People may have acted on an approval and incur costs etc. How transparent is the reversal proces? We also can’t allow reversal on whims and fancies. If they retract what is the basis of retraction. Generally once given it is more onerous to retract. There must be valid jstification. Don’t think they will admit that the first approval was legally non compliant as this would subject themselves to culpability. By the way forgive me for my ignorance, but what is LPHS? Is it an appeal body overriding local councillors decisions or part of an extension of the board of local councillors.if it’s not approved do you need LPHS to reverse it? I’m just unclear.
Can you drop me an email and I will explain in private. There are things too sensitive to explain in public. My email is drrafick@gmail.com
Will do. In fact believe you already have my private email address everytime I post my commentaries.
Btw as an aside on water I really dont understand Khalid why langat 2 should be subject to the restructuring
of syabas rather than water demand. This is pure political leverage. The two are separate issues. Don’t understand why people can’t see this through and through.
Ellese, of course its about leverage!
and that should be the case… Why water transfer is urgent and not water asset acquisition.
Do one by one. Settle acquisition first
It should not be the case. Langat 2 will resolve water supply and demand issue. Restructuring does not: it only enriches selangor through rental seeking.
The latter has no correlation to the former.
Sad. Everything must be political. Interest of rakyat is set at a lower priority. Our country will be doomed. Let me tell you the water restructuring cannot be resolved unless you put politics aside. Khalid Pua Charles are always thinking politics to solve. It’s solvable. But because of this parochial partisan mindset it’s not resolve. Now if a foreseeable drought hits us we suffer because of this dungu political mindset.
Ellese
I do not to go into another round of engagement with you on this issue because you and I have a set of views that not amenable to each other arguments
It is not about politic. It is about the rakyat. If the Selangor government do not acquire the assets, the people of selangor and kl has to pay an inflated price of water. From my reading it would be more than the price of petrol
Both issues are important. One that affects the entire population of selangor/kl and the other southern part or selangor.
If the the federal government is thinking about the rakyat, it would offer solutions where PN is no longer part of the equation so that prices of water can be restructured again
Well done Doc. Your persistence paid off. Keep it up.
Assalamualaikum doc
I am a resident in TBU 1.
I read your blog on regular basis This is my first comment. When I read your writing about the construction of houses in the mosque compound, I was sad, upset and very unhappy.
I wanted to say something but was to scared to raise it up b’cos I was worried about how the mosque committee and fellow muslim residents would perceived me.
I wish I had your guts and hope the mosque kariah will not shun you.
If I as a muslim is scared to speak up, I can appreciate the silence of my non-muslim residents even though this matter affect them as well.
Now with the ending of this construction saga, I am happy and wish to thank you for addressing this matter and I would like to thanked the mosque committee for listening.
I hope they will not penalize or shun you. I am ashamed of myself for not standing up.
I would also like to thank you for your initiative in addressing the traffic congestion on MRR2 with the police.
Selamat berpuasa and you take care,doc. Thank you for standing up for the right issues.
Thank you.
You are too kind.
I think one should not be scared to speak up for the right reasons. Start with a whisper and if they do not hear you… Pop Up The Volume
When countering a government agency use their own laws and regulations to argue.
Doc,
I am surprised that matter of this importance is not deliberated in an AGM or in an EGM of the Mosque Association. Looks like matter have been done on it’s own authority by the MBC with the MMC closing one eye. Guilty by association.
Officers in MPAJ that have recommended approval must be brought to task if found to have acted unprofessionally, against the rules/laws. You say it is foul play and if you do not report to the police and MACC there is no case to be brought to judgement and would only be your words ,which anyone can perceive to be hearsay.
AK
Apparently there is more than meets the eye which is not suitable to be discuss in public. I felt it is also not proper for me to publish the details here.
Great news, your patience and hard work has given fruit doc! Alhamdulillah
drraffick,
Simply great. SYABAS Doc.
Syabas, Doc! Another feather in your cap! Continue to listen to your own conscience in difficult and sensitive issues……be confident that in doing the right thing, Allah will be there to pick you up should you falter.