THE failure to gazette Kuala Lumpur’s flood retention ponds for 18 years opened the door to 32ha (80 acres) of protected land being alienated for mixed developments, despite the areas being approved for reservation as early as 1998.
This was among the findings of the Malaysian Anti-Corruption Commission (MACC) investigation into the alienation of six flood retention ponds, which found no elements of corruption, abuse of power or misappropriation in the process.
In a statement on Tuesday (May 26), Minister in the Prime Minister’s Department (Federal Territories) Hannah Yeoh said the reservation of the flood retention ponds had been approved on June 19, 1998 but the gazettement process was never completed before the land alienation.
The lapse created a loophole that later allowed the land to be opened up for development, the statement read.
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It added that MACC began investigations in 2021 following media reports and findings in the Auditor-General’s Report 2019 Series 2 that six flood retention ponds had been approved for alienation by the Kuala Lumpur Federal Territories Land and Mines Office (PTGWPKL) for residential and mixed developments.
"MACC investigations found no elements of corruption, abuse of power or misappropriation in the alienation process or in the development orders issued by Kuala Lumpur City Hall (DBKL).
"However... (because) the gazettement process was never completed before the land alienation... on Oct 9, 2016, the Kuala Lumpur Federal Territories Land Working Committee (JKTWPKL) agreed to revoke the reservation approval granted in 1998 to allow the alienation of 80 acres of land to developers for mixed development with a premium amounting to RM214mil," the statement read.
It added that there had been an 18-year delay in gazetting the area.
MACC also conducted document reviews and recorded witness statements, including from developers, and made site visits to the flood retention pond areas.
Appointed surveyors confirmed there had been no boundary encroachment by developers.
The graft buster subsequently reminded DBKL to ensure future development approvals take into account the risks and functions of flood retention ponds, and undergo stricter evaluation processes.
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Yeoh said the Federal Territories Department (JWP) had formed a special task force to expedite the gazettement of green spaces and flood retention ponds to prevent similar issues recurring.
She added that efforts would be intensified to gazette the remaining 30% of approved open spaces and flood retention ponds in Kuala Lumpur.
On May 12, Yeoh told a press conference that the capacity of the flood retention ponds in Jinjang and Batu had shrunk by 70% after 17 land lots within their zones were transferred to developers from 2015.
She described the reduction of the city's flood retention ponds as a "foolish decision".
Yeoh then ordered an immediate freeze on all development approvals involving the remaining lots and said any future development order or application submitted to DBKL must comply with the stringent technical requirements set by the Irrigation and Drainage Department (DID).
