The Penang Municipal Council MPPP said it is unable to act against the company summoned for illegal clearing of Bukit Relau as demanded by civil society, citing insufficient evidence.

In a statement responding to Malaysiakini 's story on Friday , MPPP president Patahiyah Ismail said in order to charge the company General Accomplishment, sufficient evidence must be present in the case.

NONE She added that such evidence must fulfill "development terms"  mentioned in the 1976 Town and Country Planning Act (TCPA)..

"To enable action to be taken under Section 19 (1) of the TCPA, several ingredients in the charge need to be proven first.

"This involves construction, engineering, mining, industry, or any operation similar to those ‘in, on, over or under land’ or changes that have been done to any land or building," she said.

"It could also include material change to the use of land under MPPP's Planning Policy  and Development Plan," she added.

"If there are no material change or if there are yet to be any building, engineering works like ‘soil nailing, gunniting’ or other related engineering work, it would not be accurate to charge the developer under the TCPA," she said.

In a press conference on Friday, NGOs and concerned individuals led by MPPP councillor Lim Mah Hui said the offender should be charged with a higher penalty including jailing of the company's director.

He cited Section 26(1) of the TCPA, which allows for a maximum fine of RM500,000, two years imprisonment or both.

Section 52A of the Act states that the director, manager, secretary or other similar officer and the company can be held accountable for the act, he added.

Patahiyah said that MPPP had already taken action against the company under Section 70A(1) of the 1974 Street, Drainage and Building Act.

The company was charged RM30,000 for land works which did not get the approval of the MPPP, she added.

"MPPP is always consistent with cases involving land works and cannot be selective nor accuse developers without basis or enough evidence," she said.

"Any charge against any developer must also first get the approval and permission of the deputy public prosecutors first," she added.