The Shah Alam High Court has fixed Oct 13 to hear an application by Kampung Broga residents in Semenyih to stop the construction of a RM1.5 billion incinerator plant nearby.

The matter has been postponed twice since it was first filed in January.

On Feb 14, the residents had obtained a temporary reprieve when the court granted an interim stay, effectively halting the full implementation of the proposal to build a 1,500-tonne plant in Broga.

The project, contracted to a Japanese engineering giant, has generated a lot of controversy and public outcry particularly from local residents and international anti-incinerator activists and experts.

Plaintiff Lee Yoke Kim, representing the Broga villagers, has asked for a stay of all proceedings and to preserve the status quo of their land affected by the project pending the disposal of the main suit.

The main suit was filed Nov 8, 2003, following the government's prolonged silence over project details. By then, the residents had exhausted all administrative and political channels to obtain information and stop the project.

They claimed that unless the process of land acquisition was stopped immediately, "it will destroy the very basis of the subject matter of this entire suit".

The Selangor menteri besar, the Science, Technology and Environment Ministry and the Selangor Land and Mineral Department director have been named the defendants.

The villagers contended that the defendants had failed to adhere to existing planning guidelines under the Housing and Local Government Ministry.

Immediate reply sought

They claimed that the defendants were attempting to render the main suit purely academic by proceeding with the land acquisition and construction of the thermal waste treatment plant.

"The defendants are refusing to answer the questions sought in the (main suit) and instead have filed in vexatious applications to strike out the (main suit) based on mere technical grounds...," read the claim.

Kampung Broga residents also claimed they were denied access to the environmental impact assessment report.

The villagers also claimed to have been informed by Housing Ministry officials that unless there was a court order "the defendants will continue to defy and ignore this suit in court".

In the application, the villagers have asked the court to order the defendants to reply immediately the queries contained in the main suit.

Contacted, T Uma Parvathy, lawyer for the villagers, said they were trying to get the court to fix a date for the main suit.

She said the defendants were trying to derail the main suit based on technicalities.

On the safe side

On Feb 26, the Selangor government had applied to set aside the interim stay while the Attorney-General's Chambers filed one on March 7.

"They managed to set aside the (previous) interim stay. I had asked for another but the court felt there was no need given the short period between June and August.

"The judge (Suriyadi Halim Omar) said there was no necessity as he felt that nothing could be done within a short period of time."

The main suit was set for hearing on June 30 but was postponed to Aug 26. After that, said Uma, her clients had asked for it to be adjourned as they wanted to file another application.

"The issue of Lee's locus standi was raised by the defendants the last time. So, we are planning to file an application to add another name as the plaintiff by the end of the month.

"This is just to be on the safe side," she added.

The incinerator plant is slated for operations by 2007.