The developer of a proposed exclusive bungalow development on the slopes of Bukit Gasing near Gasing Heights and Gasing Indah is legally barred from proceeding, claimed a lawyer.

"The developer cannot proceed at all because the development order has lapsed. They have no legal right to develop (it)," said Derek Fernandez, a vocal planning law expert who provides legal advice to numerous residents associations in Petaling Jaya.

A development order, he said, usually lapses if work does not commence within two years after obtaining it as provided under the Federal Territory (Planning) Act 1982.

Despite several attempts, Gasing Sanctuary director Richard See could not be reached for comments today.

Fernandez was confident that DBKL will not approve the proposal especially after an application to increase the density by doubling the bungalow plots.

"There is no way DBKL can approve Sanctuary Gasing's proposal as the area is zoned under the KL Structure Plan as a 'stable area' which only allows minimal development such as a recreational park or eco-tourism.

"It is unlikely the mayor will contradict an earlier stand. He confirmed that the development will not be allowed," he said, referring to a meeting between PJ residents and KL Mayor Ruslin Hasan last September on the issue of gazetting the KL side of the green belt.

Noting the giant 21-million-gallon capacity water reservoir that was built on the hilltop in 1998 and numerous landslides in recent years, he said residents feared a worse tragedy than the Highland Towers.

"Many things have changed since the first attempt to develop the land 10 years ago. If at all the proposal is considered, there would be even more stringent measures to take."

Revised proposals

The latest proposal is the third attempt by the developer, known as Sanctuary Gasing after several name changes, to sell off the individual plots on the slope on the Kuala Lumpur side of Bukit Gasing.

Fernandez said the first attempt to develop the area (estimated between 32 to 42 acres) was in 1996 when Gasing Heights pitched a proposal for a mixed development scheme.

This was eventually rejected by KL City Hall (DBKL) following a public hearing.

Three years later, the developer, now called Gasing Meridian, tried again with a revised plan to develop 82 bungalow plots and was granted a two-phase development order with stringent requirements.

"Gasing Meridian had pressed for a single-stage order but DBKL rejected this. The matter went up on appeal.

"In the high court, the developer sought an order for compensation for acquiring land which it argued was the practical effect of the two-stage order," he said.

The appeal was dismissed and the Court of Appeal upheld the decision.

Since then, the developer's desperation to dispose off the property could be seen from reports of public auctions and advertisements for sale.

Offers for sale

An advertisement posted in July 2004 on the Malaysia Real Estate Classifieds website offered 67 lots or 32 acres of freehold "Bukit Gasing (Gasing Heights) Bungalow Land" in "excellent condition" for sale at RM150 per-square-foot.

The asking price for the property described as "PJ/KL Prime and Exclusive Land for Sale" was set at RM68.

In May last year, 71 plots were put up for public auction by Ambank Bhd, the chargor of the property.

Property Times , a weekly pullout in the New Straits Times, noted in its Nov 19, 2005, issue a four-day auction days before of "71 plots of vacant freehold bungalow land in a scheme located in the Kuala Lumpur portion of Bukit Gasing".

Citing rumours, it said the project was supposed to have been launched as "an exclusive gated-and-guarded bungalow scheme called Sanctuary Ridge" with prices ranging between RM2.6 million and RM6.3 million for each plot.

Confirming the desperate attempts, Fernandez said the lots have been on the market for over eight years but potential buyers have been carefully avoiding it due to unresolved matters.

"They owe the bank RM40 million and are desperately trying to get rid of the property by auctioning off the plots.

Too steep

"But developing the land would certainly lead to flooding and landslides. The Universiti Malaya geological survey clearly found the hill unsuitable for development due to its composition of shale and sandstone that were prone to slippages and soil erosion."

Citing federal guidelines on hillslope development, Fernandez said an environmental impact assessment (EIA) is required for gradients between 26-35 degrees.

"Where the gradient exceeds 35 degrees, development including land clearing is totally prohibited.

"In this case, the net effect is that you cannot build anything because surface run-offs will lead to soil movement which could lead to cracks in the reservoir foundation.

"If this goes through, we could be looking at another Highland Towers episode."

Last week, representatives from residents associations of the three Gasing Condominiums and nearby housing estates raised their ire over the 'secret' development which they fear is a disaster-in-waiting.