The Penang Municipal Council (MPPP) has replied to criticisms that it had demolished a house occupied by a septuagenarian in Lengkok Sungai Gelugor last week.

NONE MPPP president Patahiyah Ismail ( left ) said that the council has received many complaints about the illegal structure since 2007 from the woman’s neighbour, Zulkifli Mohamad.

According to a report lodged by Zulkifli, the illegal extension has jeopardised the quality of the residential area where he lives, because it is “dangerous and breeds mosquitoes”, said Patahiyah.

She added that Zulkifli’s concerns have been verified by the council’s staff after a probe into the issue.

“The findings revealed that the building plan did not have the necessary approval from the MPPP, and posed a danger to the neighbour’s home as it infringes on his compound,” said Patahiyah in a statement.

“It’s a double reinforced concrete pole structure 10ft x 80ft in size, with the front portion of 20ft x 10ft that posed a danger because it is situated closer than the two metres from the neighbouring lot allowed in the guidelines,” she added.

Anwar disagrees with demolition

Patahiyah was referring to a Bernama report which quoted opposition leader Anwar Ibrahim as disagreeing to the demolition as the people might infer that bigger houses were spared from demolition. 

NONE “Nevertheless, if there is an MPPP councillor from Pakatan Rakyat involved (in the demolition), I will ensure his term is not extended,” Bernama had quoted Anwar, PKR’s de facto leader, as further saying.

Patahiyah said on Oct 11 2007, the resident was issued a notice under Section 72  (6)of the Road, Drainage and Building Act (1974) to stop construction of the structure in 30 days.

“However, the owner of the home, had refused to comply with the notice. The case was then brought to court on July 21, 2008, under Section 70 of the Act,” said Patahiyah.

She said the owner admitted to the offence of building the illegal extension and paid a RM2,200 fine. This was followed by an appeal sent by Sungai Pinang assemblyperson Koid Teng Guan to extend the notice period of demolition for another three months, starting March 12, 2009.

But despite the extension of notice, the owner has failed to submit a building plan to the council, she added.

Consent of state assemblyperson obtained

The structure was also abandoned and not demolished, becoming an eyesore and posed problems of safety and mosquito breeding which affected the neighbour, stressed Patahiyah.

“MPPP from time to time received complaints from Zulkifli, the latest was in July, who expressed his extreme disappointment that the council’s enforcement arm has failed to act on his grievances,” she said.

“Various allegations were hurled at the council for failing to take action on the matter. Therefore, we took great care to follow the standard procedure including getting the consent of the Seri Delima assemblyperson, RSN Rayer, to carry out the demolition,” she added.

NONE The  MPPP then demolished the structure in the area, located at Lengkok Sungai Gelugor Satu, which falls under Rayer’s constituency, on Nov 8.

The demolition only affected the front portion of the house and not the entire home of the owner.

“Every enforcement action is done via the Operations Coordination Committee (JPO), which will take into account and consider the issue from various aspects, including the views of the public, complainant, area representatives and also the sensitivities of the community,” said Patahiyah.

“We now refer the matter to the state government and are prepared for any instructions if the JPO had not conducted its work in line with the former’s policies,” she added.