PJD Link: Residents go to court to obtain EIA report, other documents

Residents have hauled the authorities to court over an alleged refusal to hand over the Environmental Impact Assessment (EIA) and other documents linked to the controversial proposed Petaling Jaya Dispersal Link (PJD Link) highway.

Lawyer Lim Wei Jiet, who acts for four Petaling Jaya residents, confirmed with Malaysiakini that the judicial review leave application was filed at the High Court in Kuala Lumpur on June 7.

On May 23, the residents issued a letter of demand to the authorities with a seven-day ultimatum to give them not only the EIA reports but also the Social Impact Assessment (SIA) and Traffic Impact Assessment (TIA) linked to the project, which is opposed by the residents.

The letter of demand was sent to the Town and Country Planning Department (PlanMalaysia) and the Selangor State Economic Action Council (MTES).

The present judicial review targets four respondents - the PlanMalaysia director-general, the director of PlanMalaysia Selangor, the Selangor state government, and the federal government.

According to a copy of the affidavit in support of the legal action, Petaling Jaya resident T Chakaravarthi contended they were forced to resort to the judicial review leave application as the authorities failed to give a response to the letter of demand.

Chakaravarthi contended that as the residents would be directly and indirectly affected by the PJD Link project, they have a right to access the documents in order to obtain comprehensive and in-depth information on the scope, impact, and related terms of the project.

“The EIA report is important because it identifies and forecasts (mengenalpasti dan meramal) the positive or negative effect of a proposed development upon the environment and takes into account the effect on biodiversity, land, water, air, noise, local population, and society’s health, among others.

“The TIA report is important as it identifies and forecasts the effects, whether positive or negative, of the proposed development on traffic jams in Petaling Jaya, as well as the number and location of toll (plazas) in PJD Link that would have a financial impact on the Petaling Jaya community,” Chakaravarthi said in the filing sighted by Malaysiakini.

The Petaling Jaya resident also contended they need to access the SIA report to ascertain the impact of the PJD Link project on the local community and their activities, taking into account factors such as whether the project was accepted by the community.

Chakaravarthi claimed they also need to access the project’s concession agreement, which is classified under the Official Secrets Act 1972, to allow residents and the general public to give their input on whether the terms are one-sided to the company involved in it, or whether the terms do not benefit the local community or environment.

He alleged that if the documents are not given to the residents, then the authorities or other government bodies may decide on the PJD Link project based only on reports provided by the company while not seeking from the local community.

‘No input from residents’

“As of now and to our knowledge, the respondents have not sought input from the residents of Petaling Jaya and/or Klang Valley who are directly affected by the construction of the PJD Link or held any meeting or townhall session to get input (from the local community).

“As of now and to our knowledge, the respondents have not decided to appoint an independent consultant or expert to come up with the SIA, EIA, and TIA reports, or any comprehensive report to analyse the effect/impact and study the authenticity of the alleged benefits that come from the construction of the PJD Link,” the Petaling Jaya resident contended.

According to the judicial review leave application, the matter is set for hearing before judge Amarjeet Singh of the Kuala Lumpur High Court on July 4.

In the event that the civil court grants leave, it would later set a separate date to hear parties’ oral submissions on the merits of the judicial review.

Malaysiakini is attempting to get a response from the respondents over the matter.

Later in a media statement today, the Petaling Jaya residents announced that they have launched a fundraiser to support the legal action as part of advocacy efforts to demand greater accountability regarding the proposed PJD Link project.

Previously, it was reported that residents opposed to the PJD Link highway would resort to legal action if the project is approved by the Selangor government.

Petaling Jaya resident Ding Jo Ann was reported as saying the group is raising funds to file a judicial review application in the civil court.

88.6 pct strongly disagree

The group earlier launched an independent SIA report with the participation of 2,501 residents impacted by the proposed PJD Link highway alignment.

The purpose of the survey stemmed from an alleged lack of transparency regarding the official SIA and to obtain the views of stakeholders in the PJD Link construction area.

The online survey held from Feb 6 to May 1 this year concluded that 88.6 percent of respondents strongly disagreed with the PJD Link.

Additionally, 93.6 percent of respondents stated they and their families will be impacted by this project.

Damansara Kim resident Dominic Wong reportedly said the group’s independent SIA was submitted to PlanMalaysia Selangor and Putrajaya on May 12 for consideration.

The group’s SIA was also submitted to the Department of Environment (DOE).

The Works Ministry on July 5, 2022, stated that the cabinet had already approved, in principle, the PJD Link project on Nov 12, 2017. The final approval is, however, subject to further negotiations.

According to the statement, a concession agreement was signed on April 5 last year, which required the developer to fulfil the requirements of the EIA, SIA, and TIA before the agreement could take effect and construction begin.

According to the PJD Link website, it will have a total of 11 interchanges spanning from Bandar Utama to the Bukit Jalil Highway, connecting with expressways such as the Federal Highway, Sprint, New Pantai Expressway, and Kesas Highway.

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