Amidst the public perception that the state government has been lenient over illegal hill-clearing activities in Bukit Relau, the Penang Municipal Council (MPPP) has revealed that the land owner and developer concerned have been taken to court.

MPPP secretary Ang Aing Thye said the land owner, General Accomplishment Sdn Bhd, faces two charges, while developer Boon Siew Sdn Bhd faces one.

On Wednesday, the Penang High Court is scheduled to hear an appeal for a more stringent sentence against General Accomplishment.

"As the RM30,000 fine was not satisfactory, the deputy public prosecutors have lodged an appeal," Ang said.

"MPPP's law unit has been informed that our appeal notice dated July 12 last year and appeal petition of Aug 27 have been filed.”

Further legal action was instituted against the company on Dec 26 last year under Section 70(A) of the 1974 Street, Drainage and Building Act for alleged failure to comply with the MPPP’s ‘stop work’ order.

The case against Boon Siew was filed under Section 70A(1) of the same Act for alleged illegal earthworks at a nearby site.

"The hearing dates for the two cases have not been fixed yet by the court," Ang said.

Should General Accomplishment fail to submit a mitigation plan within a month from today, he said, MPPP can enter the site and carry out the required work to reduce danger to the public.

"We will inform the land owner of this in writing and ask that all costs be paid by (the company)," he said.

"If the land owner fails to pay the costs, appropriate legal action will be taken under the Local Government Act 1976.”

Six reminders have been issued to date to General Accomplishment to comply with the ‘stop work’ order and to follow through with mitigation recommendations provided by engineering consultant Gue See Sew.

On Dec 31, the MPPP received word from General Accomplishment that it has appointed a geotechnical consultant to prepare a mitigation plan.

‘No application’

Bukit Relau, now dubbed ‘Botak Hill’ after an ugly bald patch appeared, remains an eyesore, especially to those entering the island via the Penang bridge.

It irked the DAP’s Tanjung Bungah assemblyperson Teh Yee Cheu so much that he shaved his head bald on Jan 1 in protest of the environmental degradation of the site.

The state has also been criticised for allegedly delaying action against those involved.

Tycoon Tan Kok Ping, a director of General Accomplishment, is reputedly "friendly" to top state leaders, including Chief Minister Lim Guan Eng.

Asked to comment on such perceptions at a press conference today, state executive councillor Chow Kon Yeow said "the perception is answered by the chronology of events".

Asked if the company involved in illegal land-clearing would be blacklisted, Chow said "they have not submitted an application to develop the land".

"We cannot stop any land owner from developing their own land. If they comply with all the requirements of MPPP, they should be allowed to develop their land," he added.