The Penang government has been urged to publicly declare its support for the Sungai Ara residents in their pending appeal against the approval of a project on sensitive hill land.

Counsel for the Sungai Ara residents, Gurdial Singh Nijar, said the project in question, dubbed Sunway Hills is 250 feet above sea level and is situated at a gradient of 25 degrees, which is beyond the limit permitted by law.

Gurdial recalled that in 2012, the Penang Island City Council (MBPP) approved the ‘special project’ for the developer Sunway City, allowing the construction of 600 units of high-rise apartments and bungalows on the hill land.

“Earlier Chief Minister Lim Guan Eng had announced that the government would be supporting the residents in the High Court action by Sunway,” he reminded.

“Unfortunately this was not what happened at the hearing - apparently due to a miscommunication.

“The irate residents then met with the chief minister and state executive councillor in charge of housing, Jagdeep Singh Deo, on Sept 9 and both assured the residents that this time they will make sure that their support for the residents’ appeal is made clear to the Appeal Court,” Gurdial (photo) added.

He was referring to the Appeal Board, which declared on Nov 20, 2015, that it was wrong to approve this development as it violated the Penang Structure Plan.

Appeal Board’s decision overturned

However, on May 29 this year, the High Court overturned the Appeal Board’s decision and restored the approval given to the developer.

The residents are asking the Court of Appeal to nullify this decision and filed their appeal on June 23.

On July 10, 18 associations and organisations in Penang pledged their support for the Sungai Ara residents, who are appealing the May 29 High Court decision in favour of Sunway City.

“The residents said they appreciate the support, especially in the light of the recent landslide tragedy,” Gurdial said, referring to the Oct 21 disaster in Tanjung Bungah, which killed 11 workers.

“It also lends credence to the Penang government’s commitment to protecting hill lands in Penang.

“The residents now want a formal public announcement from the state government of its support for their case,” Gurdial added.

The Court of Appeal will on Nov 13 set a date for the hearing of the appeal.