IN LIGHT of recent reports regarding the degazettement of Kuala Lumpur’s green spaces, including the Kampung Bohol retention pond, it has become clear that our city’s parks are being sacrificed due to a massive legal loophole.
At the root of the issue is Section 46 of the Federal Territory (Planning) Act 1982.
This provision requires Kuala Lumpur City Hall (DBKL) to pay compensation to private landowners for “loss of development rights” if they are denied building permits in order to protect green spaces.
Rather than exposing itself to potentially substantial compensation claims, DBKL may face pressure to approve the degazettement of such land for development.
This raises the concern that financial considerations can weaken efforts to protect public green spaces.
I applaud the residents group calling for a new bill to be brought to Parliament requiring all 222 Members of Parliament to publicly vote on every degazettement.
This is a brilliant tactical move, as developers cannot sue 222 politicians while MPs will fear voter backlash if they vote to destroy local greenery.
Public accountability is one way to reduce the risk of decisions being made without sufficient scrutiny.
However, while a parliamentary vote may provide a useful short-term safeguard, it treats only the symptom, not the underlying issue.
To truly protect our green lungs, lawmakers must urgently review Section 46 itself.
The compensation clause should be capped strictly at the current market value of the raw, undeveloped land, not the developer’s imagined billions in future profits.
Only by addressing this issue can DBKL have greater freedom to reject inappropriate development without exposing the city to potentially heavy liabilities.
The future of Kuala Lumpur’s flood resilience and public well-being depends on ensuring that its green spaces are properly protected.
We urge the government to review the Act immediately.
PHILLIP M RAJOO
Seremban
