Landowners in Jalan Sultan who refuse to sign mutual agreement (MA) allowing the underground alignment of the Klang Valley mass rapid transit (MRT) and private properties to co-exist, may risk  compulsory acquisition of their properties.

To date, only the KL Gospel Hall and the 75-year-old family-owned Lok Ann hotel have yet to sign the deal.

NONE Lok Ann's  stand is that the MA, is unfair to the owner, its spokesperson Judy Tan ( left ) said at a press conference yesterday, after attending a Land Office hearing on the acquisition issue.

Prior to this, three meetings between MRT Corp and Lok Ann to facilitate the signing of MA right after the last national polls, failed to arrive at a consensus, she added.

"In a nutshell, the MA states that upon signing, we shall 'surrender' our underground land (to MRT Corp)," she explained, saying the hotel has to surrender its land title for re-alienation for a stratum title with which the developer needs no consent for its underground works.

The other is a condition - consent to be obtained for future redevelopment, sub-sale and any work to be carried out in the hotel, and the consent to be in perpetuity, she said.

NONE "MRT (Corp) is a private entity, not an authority, thus there is no legal remedy of judicial review if the consent is turned down," she said.

"To us, this is tantamount to acquisition... this clause has invaded our right as the property owner.

A no-no to power of attorney

"The MA requires us to grant power of attorney to the MRT Corp, for the purpose of application for surrendering and re-alienation," she said.

"There is no reason for the power of attorney, this is an absolute power given to MRT, which we, as land owners are not comfortable with.

Lok Ann Hotel Also, she said the compensation offered to the hotel does not reflect the actual value, and the payment milestone stretched to the completion of the entire project- 2020.

"To us, taking away part of our land without adequate and proper compensation is a land grab," she charged.

"Because we can't agree on the terms of the MA, we now have to face land acquisition, where we risk losing the entire property," she said, adding the authority may decide whether it would acquire the hotel property on Thursday.

Tan emphasised that her family is not opposed to the MRT's development, but their bottom line is to give the exact portion needed for the underground MRT alignment.

They will fight against the injustice as they do not wish to lose this family heritage which is a binding factor for the family , she said.

Defying the iron fist

"We refuse to be forced into signing the MA, because negotiations should be on the basis of equality, not under the threat of the land acquisition, " she said.

NONE There are two possible ways to pursue this through legal means, either through judicial review challenging the compulsory acquisition or through the Land Acquisition Act which safeguards the owners' rights, said Abdul Malik Abdul Hakim, the lawyer represent Tan's family.

Meanwhile, DAP's Bukit Bintang MP Fong Kui Lun said he will bring up the issue when the parliament session convenes on June 24.

He also urged Prime Minister Najib Abdul Razak to keep his promise made last year, not to acquire the properties in Jalan Sultan.

Gov't to acquire Lok Ann Hotel for MRT project

azlan