by Parliamentary Opposition Leader, DAP Secretary-General and MP for Tanjung, Lim Kit Siang, in Penang on Saturday, February 29, 1992:
DAP warns that the MPPP may meet with widespread objection and obstruction in future whenever it wants to resort to Section 49 of the Street Drainage and Building Act 1974 to enter houses to lay sewage pipes
The issue of the two demolished Thean Teik dwellings which the Majlis Perbandaran Pulau Pinang (MPPP) had refused to rebuild and reinstate to their original condition despite the completion of sewerage construction works as it had promised in accordance with the law does not merely concern the owner of the dwellings, Teoh Chong Poh, but can have far reaching consequences for the MPPP and the ratepayers.
The MPPP should realize that all Penang ratepayers are following this case closely, for it the MPPP can break its word and violate the law in the case of the two demolished Thean Teik dwellings in refusing to rebuild and reinstate them to their original condition after completion of sewerage works, then it can dishonour and break its words in all future cases involving other ratepayers, other properties and arising from other MPPP works.
Under Section 49 of the Street Drainage and Building Act 1974, the MPPP is empowered, ‘after reasonable notice in writing’, to carry out sewerage works through or under any existing building, ‘doing as little damage as may be and making full compensation for any damage done’.
The MPPP promised in its letter to Teoh Chong Poh dated 20th July 1991 after giving notice under Section 49: “As provided for under Sec. 49 of the Street Drainage and Building Act, 1974, full compensation in the form of reinstatement to original condition will be made for any damage done.”
This undertaking was given three times, by increasingly higher and higher authorities, the second time by the MPPP Secretary, Lakhbir Singh in a Penang High Court consent order dated 19th December and the third time by the Penang Chief Minister, Dr. Koh Tsu Koon in the Penang Assembly last December.
If such an MPPP assurance – which is reinforced by the MPPP Secretary, Lakhbir Singh himself and the Penang Chief Minister, Dr. Koh Tsu Koon – could be violated, how can the ordinary ratepayers believe any assurance given by the MPPP anymore?
DAP must warn the MPPP that unless it immediately rebuild and reinstate the two demolished Thean Teik dwellings to their original condition as it has repeatedly promised under the law, the people will lose confidence in the MPPP. As a result, it may face widespread objection and obstruction by the ratepayers in future whenever it wants to resort to Section 49 of the street, Drainage and Building Act to enter into buildings to lay sewer pipes or when resorting to other powers under the Act or other legislation.
Ratepayers would have very good reasons to object and obstruct the MPPP from entering into their buildings to carry out sewerage construction works because the MPPP would have established itself as a local government authority which could not be trusted and believed to carry out its legal obligations after the sewerage construction works from the MPPP scandal of the two demolished Thean Teik dwellings.
The MPPP should give serious consideration whether it wants to create history for Penang by giving it another ‘first’ in Malaysia – the first Local Government authority in the country which flouts and violates the law against the rights and interests of the ratepayers.