Residents affected by the construction of a RM6 million commercial complex on residential land in the high-density Bangsar Baru area in Kuala Lumpur are hoping that the prime minister will step in to resolve the matter, which they say cropped up because of the authorities' unwillingness to play by the rules.

Spokesperson for the affected residents, Sheikh Khalid Mohamed told malaysiakini today that despite making known in writing their objection to the commercial building - a two and a half-storey seafood restaurant and nine blocks of two-storey pavilions - on land slated for residential use, City Hall went ahead and approved the structure as a 'temporary' development.

Subsequently, an appeal letter was sent to Kuala Lumpur mayor Mohmad Shaid Mohd Taufek, but this was apparently ignored.

The 'temporary' designation - which requires annual permit renewal - was to bypass the fact that the land remains designated for residential use, according to recent checks with the land office in February.

Shahrizat's involvement

Bangsar MP Shahrizat Abdul Jalil, who was requested to step in, informed representatives of the 650-strong Bangsar Baru Residents Association that she was misled into endorsing the project, said Sheikh Khalid.

According to him, Shahrizat told them the project received her nod because it included a pondok polis , seen as good for the area.

Sheikh Khalid disagrees. "To us, the main contention for us is still the commercial complex. The pondok polis would merely be moved from another location in Bangsar Baru."

However, a February meeting organised by Shahrizat between residents and mayor Mohmad Shaid only managed to force a five-week stalemate - a stop-work order to the developer from Feb 20 to March 25 - but failed to resolve the issue of a commercial complex sited on residential land.

In any case, the stop-work order was only a temporary measure against the noise pollution and other disruptions caused by heavy piling and other machineries, and diverts from the issue at hand, he said.

The mayor had also informed the press on March 19 that City Hall had directed the developer to scale down the project.

Asked on the matter today, Sheikh Khalid insisted that the description of the project has not changed since work started this year. Residents have had had four face-to-face meetings with the mayor since then.

Written to PM

Instead, Sheikh Khalid ( photo ) said, the mayor told residents during their meeting that he was unable to make a decision and has to 'refer to a higher authority' over the project, despite the fact that zoning by-laws comes under the jurisdiction of City Hall.

"Who is this higher authority? It seems that the level of administration to make a decision on the matter goes beyond everyone else except the prime minister," he said.

Unfortunately, the group's effort to get the prime minister's office on board over the matter remains thwarted, as their letter to Prime Minister Abdullah Ahmad Badawi had gone unacknowledged.

"We feel that the only one who can hear us now is the prime minister. He has said many times that he is not in favour of these things. We hope he can restore our civic rights," said Sheikh Khalid.

By taking away what little designated residential land is left in an area like Bangsar Baru, which is already saturated by the throng of visitors that pour in every evening, residents argue that their quality of life dips drastically.

"There is no way that they can find a good reason to approve this project. It is a misuse of land. You cannot simply argue the right to put up brick jungles just because we live in a city," said Sheikh Khalid.

"Ours is a case of being victimised by the authorities. We only hope that we can get protection from the government."