Four ratepayers filed a civil suit against the state government, Penang municipal council and developer Eco Meridian Sdn Bhd over the subterranean Penang International Convention and Exhibition Centre (sPICE) at the High Court in Penang today.

Claiming to represent all ratepayers in the state, the four - Khoo Yen Her, Abdul Manan Abdul Manap, Sathiasilan Krishnan of Bayan Baru and Rama Krishnan Rajagopal from Farlim - are demanding to see the agreement on the deal which was inked on Aug 19.

guan eng pc on spice 150111 spice view 02 The agreement is to build the controversial project, signed between the Penang Muncipal Council (MPPP) and Eco Meridian, a sister company of Umno-linked developer, SP Setia Bhd

The four also want the High Court to declare the agreement null and void as the “order” given to the local council by the state authority to ink the agreement was “ ultra vires ” to section 9(1) of the 1976 Local Government Act, and which has violated the autonomy held by the MPPP.

Their legal representative, Thayalan Muniandy, said the ratepayers are challenging the validity of the agreement between the parties.

"We have asked for the agreement from the MPPP, but were told that it has no locus standi to provide the document to us," Thayalan told reporters outside the court.

"This is embarrassing, especially since Penang is supposed to have a Freedom of Information Act," he added.

Thayalan said from press reports, it appeared that the state government has "usurped" the autonomy of MPPP.

BN leaders turn up to give support

The state, he said, could only provide policy guidelines and could not "force" the MPPP to do as it demanded.

The group was accompanied by top members of the Penang BN leadership - state Gerakan chief Dr Teng Hock Nan, state Umno information chief Dr Hilmi Yahya, state MIC chief PK Subbaiyah and state PPP chief Loga Balan Mohan.

Asked to comment, Teng merely said, "We are here only to support (the legal action)."

The bold and vocal opponent of Chief Minister Lim Guan Eng, Mohamed Ghani Abdul Jiman of Suara Anak-anak Malaysia, was also among the crowd of some 40 people present.

NONE Asked to comment, Ghani ( left ) said, "I will follow, as long as the protest is against the state government."

Thayalan and others were met by some 30 members of the police and Light Strike Force as they came to the gates of the court complex.

Meanwhile, the quartet is also opposed to a clause in the agreement where the MPPP agrees to grant the developer the right to additional density of any developments within the island,  over and above the maximum permissible density for the land.

In the agreement, this can happen provided always that the total sum of such development rights utilised and spread over all projects within the island does not exceed 1,500 residential units.

Thayalan said this clause was “very unfair” as it would mean that whenever a developer puts up a project, residents living within the area would be unable to protest the additional density.

In the summons filed today, it is stated that the contentious clause was against the 1976 Town and Country Planning Act, especially sections 21 and 22; it is also in violation of Article 8 of the federal constitution.

“In this case, the MPPP’s hands are tied and it is a violation of the people’s constitutional rights,” he added.

Abdul Manap, who only wants to be known as a taxpayer, said that he was concerned about the project after readings news reports about the matter.

“We became even more worried after reading in the newspapers that MPPP councillors Lim Mah Hui and Lim Boo Chang broke ranks with their colleagues to oppose the project,” he added.