Four file suit over sPICE project

GEORGE TOWN: Four people, claiming to represent all taxpayers in Penang, have filed a civil suit against the state authorities and a developer, challenging the validity of the subterranean Penang International Convention and Exhibition Centre (sPICE) project agreement.

The four -- Khoo Yen Her, Abd Manan Abd Manap and Sathiasilan Krishnan, of Bayan Baru, and Rama Krishnan Rajagopal, of Farlim -- filed the suit at the High Court's registry here at 10.30am yesterday through their lawyer Thayalan Muniandy.

Besides the state executive council and all 11 of its councillors, including Chief Minister Lim Guan Eng, they also named the Penang Island Municipal Council (MPPP) and Eco Meridian Sdn Bhd as defendants.

Thayalan said the writ of summons would be served on the defendants within a week or two and they had 14 days to enter their representation.

"This is a representative case where the four plaintiffs are representing all the other taxpayers," said Thayalan.

He said under the law, the state authority, in this case the state government, could only give policy guidelines to the local authority and not direct it to enter into any specific agreement.

The four are seeking:

-    a declaration that they are entitled to a copy of the agreement, dated Aug 19, entered between MPPP and Eco Meridian to develop the sPICE project;

-    a declaration that the order given by the state authority to the MPPP to enter into the agreement was against Section 9(1) of the Local Government Act 1976 and/or ultra vires under Section 9(1) of the same Act;

-    a declaration that the provisions in the agreement, where Eco Meridian was allowed an additional 1,500 house density for any of its development project under S.P. Setia Bhd (Eco Meridian is a subsidiary of S.P. Setia), was against and/or ultra vires under the Town and Country Planning Act 1976, especially Sections 21 and 22, and under Article 8 of the Federal Constitution; and

-    a declaration that the state authority, in directing the MPPP to enter into the agreement with Eco Meridian and the 1,500 additional house density, had usurped the MPPP's powers under the Town and Country Planning Act 1976 and, as such, the agreement was null and void.

The four plaintiffs were accompanied by top state Barisan Nasional component party leaders and representatives from several non-governmental organisations.

To check on the current Penang Government.

Tuesday 22 November 2011