Lawyer Derek Fernandez said City Hall and the mayor cannot pass the blame on to a developer, contractor or engineer.
"They will have to take full responsibility and not pass the buck. The mayor will be held accountable should any tragedy happen there," he said.
Expressing dismay over yesterday's High Court decision in not allowing a judicial review application by 108 Bukit Gasing residents, Fernandez (left) said all they wanted was a right to be heard.
Yesterday Justice Aziah Ali, in dismissing the residents' claim,ruled that they do not have the right to be heard according to the Federal Territory (Planning) Act, 1982.
Fernandez, who is also a Petaling Jaya city councillor and has acted for the Bukit Gasing residents, said before a decision is made for the development of a hillside it was the right of residents in the vicinity to be heard, as they are the neighbours to the landowners, whose development may pose a threat to their safety.
"Every other local authority practises this. However, in Kuala Lumpur this decision means the right only exists when there is a proposal to change density or use only," he said.
"In the meantime, we will have to respect the court's decision and await the decision of the residents on whether they wish to appeal.
"Our conscience is clear as we have done everything within our power to tell the authorities of the great danger of allowing development on Bukit Gasing," he said.
Fernandez said once the green lung is gone, it is gone forever, and the people who built the bungalows can sit there and overlook the green areas preserved by the sacrifice of others.
"The country has got all its priorities wrong and Kuala Lumpur is fast on its way to its own destruction," the lawyer said.
Nurul Izzah: A step backward
Lembah Pantai MP Nurul Izzah Anwar described the court decision as a step backward on the environment.
"The world is moving towards a new era of being green by developing sustainable neighbourhoods, yet City Hall has taken a step back by allowing a developer to ransack a pristine green lung that belongs to the people of the city," she said.
"The mayor had promised the people that Bukit Gasing would be gazetted as a forest reserve. The mayor further said that he would take hillside developments very seriously and that he would not agree to the developments of four hills namely Bukit Gasing, Bukit Nenas, Bukit Tabur and Sungai Besi."
Nurul (left) asked where is the mayor now, as the World Wide Fund for Nature had described Bukit Gasing as a green lung in the middle of a concrete jungle.
The Lembah Pantai MP said the hill has 10 hiking tracks and hosts various flora and fauna including snakes, leaf monkeys and various birds.
"This is an ideal place for residents in the city and nearby Petaling Jaya to relax and enjoy nature's scenery. Sadly this panoramic view of KL and PJ will soon be inaccessible to our children.
"The colourful plants, flowers, and fruits will be diminished before the eyes of the public and only those who can afford it would be able to access nature's gifts."
Environmental damage
Nurul Izzah said the bungalows there may add to the environmental damage following their construction.
Pointing to a landslide at the nearby Sri Maha Kaliaman Temple, she said countless landslides had occurred during the past 30 years.
"This is a matter of concern to the residents, hikers and joggers. The social cost will be high in the long run, once the city folk are forever deprived of a breathing space," she said.
Nurul Izzah questioned where the sustainable living that City Hall had promised was in light of this decision.
"Where are our ministers? It's time for them to act accordingly. The time to act is now and not later.
"This is a tale of a local council transgressing the rights and interests of those whom they are supposed to serve."
Expressing hope that the residents will appeal, Nurul Izzah said this would be for the benefit of people in the city and PJ.
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