10 di kota marudu - Google Blog Search
10 di kota marudu - Google Blog Search |
| Council must pay villagers RM25,000 | Free Malaysia Today Posted: 22 Aug 2011 07:47 PM PDT In a landmark ruling, a Sabah council was found guilty of illegal garbage dumping.
High Court judge Abdul Rahman Sebli made the order yesterday after allowing an application for judicial review by Yusof Abdul Rashed, Masri Salleh, Maini Tapah, Dayang Buris, Chee Chin Lai and Yaw Lee Lee @ Nining Aham from Kampung Tambun, Kota Marudu against the Kota Marudu District Council who was the sole respondent in this case. Abdul Rahman said the damages were awarded for the villagers' suffering over the past 20 years since the district council turned an area near the village into a garbage dumping site. In his judgment, the judge also ordered the district council to remove all the refuse and other garbage accumulated by the council from the site. He also ordered the council to clear and make the drains to discharge outfall and remove the wastes and then remove the debris accumulated in the drains. In addition to the order, the court also prohibited the council from further using the site to dump waste. In their grounds for the judicial review application, the six villagers contended that the council had acted illegally in dumping garbage at the site. The council' actions, they claimed, were made in disregard of the legal and constitutional rights of the applicants as owners and residents of their land and constituted a nuisance to the applicants and to other owners and residents at Kampung Tambun. They also claimed that the decisions and acts of the council and its refusal to perform its duty and function to regulate, control and dispose of rubbish and wastes and to abate the nuisance despite repeated protests and demands was in breach of its duty and authorized functions. They argued that the council had acted wrongfully in dumping, depositing, accumulating and disposing rubbish, refuse, wastes and other garbage at the site. There are three primary schools, one health clinic, three kindergartens, two nurseries, a mosque, government offices and quarters and at least 85 residential houses located adjacent to and about 300 to 500 metres away from the dumping site. The applicants were represented by counsel Kong Hong Ming while counsel Mohd Faizal Izuddin Mohd Hanan from the State Attorney-General's Chambers acted for the respondent. Also read: |
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