Is a Fine Sufficient Redress for Zakaria Mat Deros
The Selangor Menteri Besar was recently quoted as saying that the law provides those in breach of its by-laws could only be compounded. Therefore in Zakaria's case, there is little else the Local Authority could do..
Under the country's Town and Country Planning Act 1976, anybody who carries out development, even a single bungalow, must have planning permission for the development. The law also provides that owners of surrounding premises must be allowed to air their objections to such development. In this case, the area is designated a low cost housing zone. Were the owners of the surrounding premises consulted, and were their views taken into account prior to permission given?
Section 20 of the Act provides that if planning permission has been given, the person cannot start development work( even building) before he complies with the conditions of such permission. If he start work prior to, or before he complies with the requirements of such permission, meaning before plans are submitted criminal proceedings can be taken aginst such land owners. If the criminal proceeding ends in a conviction, the land owners concerned may be fined not exceedong RM500,00 or ajail term not exceeding 2 years, or both.
Other than the Town and Country Planning Act, there is also the Roads, Drains and Building Act 1974. Under Section 70 of the Act, no person shall build a building unless he has a written approval from the local authority. If a building or a structure has been built prior to permission, the local authority can, under Section 72(1), demolish such illegal structures if the owner refuses to do the same.
The local authority inthis case demolish a stall built by the common trader but chose to do nothing to a magestice istana built by polotixcians. Are ther above the law?
Under the country's Town and Country Planning Act 1976, anybody who carries out development, even a single bungalow, must have planning permission for the development. The law also provides that owners of surrounding premises must be allowed to air their objections to such development. In this case, the area is designated a low cost housing zone. Were the owners of the surrounding premises consulted, and were their views taken into account prior to permission given?
Section 20 of the Act provides that if planning permission has been given, the person cannot start development work( even building) before he complies with the conditions of such permission. If he start work prior to, or before he complies with the requirements of such permission, meaning before plans are submitted criminal proceedings can be taken aginst such land owners. If the criminal proceeding ends in a conviction, the land owners concerned may be fined not exceedong RM500,00 or ajail term not exceeding 2 years, or both.
Other than the Town and Country Planning Act, there is also the Roads, Drains and Building Act 1974. Under Section 70 of the Act, no person shall build a building unless he has a written approval from the local authority. If a building or a structure has been built prior to permission, the local authority can, under Section 72(1), demolish such illegal structures if the owner refuses to do the same.
The local authority inthis case demolish a stall built by the common trader but chose to do nothing to a magestice istana built by polotixcians. Are ther above the law?
posted by basar at 11:35 PM
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