KUALA LUMPUR: A group of former estate workers are challenging two developers in court that the demolition of a 130-year old temple in Segambut is a criminal act.
High Court Judicial Commissioner S.Nantha Balan is scheduled to hear their application on Oct 5.
They want a declaration that the demolition of Kuil Sri Nagakanni Amman on July 25 had breached the Federal Constitution which guaranteed on freedom of religion and violated a court order dated Sept 8 last year.
They also want a declaration that demolishing the temple violated the Federal Territories Ministerial statement in Parliament in 2008 that no more Hindu temples would be demolished in future.
Apart from that, they want a declaration that there is no Hindu temple declared illegal in Malaysia under Article 11 of the Federal Constitution (freedom of religion), read with Article 8 of the Constitution (equality before the law).
Speaking to reporters here, their lawyer P.Uthayakumar said the court order only allowed a developer to get vacant possession of the land and for the former estate workers to vacate the land.
"There is no order to demolish a Hindu temple located at the former estate workers housing quarters, " he said.
In the application, the former estate workers are seeking for both developers to rebuild the temple at its original site, RM100,000 for consecration ceremony, RM1mil in general and special damages and RM10mil in exemplary damages.
The developers - New York Empire Sdn Bhd and Triple-H Auto Parts Sdn Bhd - had originally filed for an order of vacant possession against six defendants, made up of residents, for nearly 50,000 sq m of land.
In their statement of claim, they said they were the rightful owners of two lots of land - Lot 448, Mukim Batu, Kepong and Lot 449, Mukim Batu, Segambut.
The developers had identified five individuals - Maswin Ripit, Nurul Ainiyah Ripit, Siti Jamaiah Markawi, Tuah Tilam and Herman Budiana Kestia - plus all other unidentified residents as defendants.
They had requested permission to use reasonable force to reclaim the land and to obtain help from local authorities including court bailiffs, the police and City Hall officers to vacate the alleged squatters.
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