A total of 23 victims and family members of those who died in the 2022 Batang Kali landslide are suing the Selangor government and 6 others, for alleged negligence and failure to fulfil their responsibilities.
According to a report by Berita Harian, the 6 others named in the suit are the Selangor Agriculture Development Corporation (PKPS), the Hulu Selangor Municipal Council (MPHS), the Director of the Selangor Public Works Department (JKR), BL Agro Sdn Bhd, Malaysia Botanical Gardens Resort Sdn Bhd and Infrasel Sdn Bhd.
The plaintiffs are claiming damages for property damage, personal injuries, special damages, damages for loss of dependents and loss of life. They are also claiming general and punitive damages as well as intangible losses not limited to pain and suffering, and emotional and mental distress.
The special damages claimed are RM1,220,406.84, while also claiming an additional 2.5 per cent interest on general special damages and aggravated damages and costs. The 2.5 per cent interest is calculated from the date the landslide tragedy occurred, on December 16, 2022, until the judgment is made.
In addition, the plaintiff demands five per cent interest per year from the date of the writ of summons (October 23, 2024) until the judgment is rendered.
In the writ of summons, the plaintiffs claimed that BL Agro and Malaysia Botanical Gardens Resort were being sued in their capacity as operators and owners of the campsite and the land involved.
“The use of part of the land as the campsite involved is a commercial zone even though, according to land ownership, it is for agricultural purposes,” the writ of summons read.
The director of JKR Selangor is being sued due to his responsibilities related to the slopes in the state.
Infrasel, on the other hand, is being sued as they are responsible for the inspection and maintenance of all roads in Selangor, on behalf of the JKR Selangor.
The President of MPHS is being sued for his responsibility to ensure that all development and businesses are regulated, while PKPS is being sued for their capacity as the former owner of the campsite land. According to the plaintiffs, the Selangor government is the party responsible for JKR Selangor, MPHS and PKPS.
The landslide tragedy in December of 2022, at the Father’s Organic Farm campsite in Batang Kali claimed 31 lives.
Before this, one of the landslide victims said that the report about the Batang Kali landslide did not lead to the closure of the case. The report ruled out any anthropogenic (changes to nature by people) or human-related activities that contributed to the tragedy.
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