__________________________________________________________
AT A TIME WHEN MAS FLIGHT MH370 IS STILL OUT THERE SOMEWHERE, THERE IS SOME GOOD NEWS!
THE BANGSA RIA DAY CARE CENTRE WILL STAY PUT! No eviction.
Star
Friday March 21, 2014 MYT 1:59:36 PM
Court rules in favour of Bangsa Ria, no eviction for daycare centre
SHAH ALAM: The Bangsa Ria daycare centre for children with special needs will not face eviction as the High Court here has dismissed the judicial review application filed by two neighbours against the Petaling Jaya Municipal Council (MBPJ) and Bangsa Ria’s landlord Ramesh Chelliah.
In dismissing the application filed by A. Kanesalingam and K. Rajeswari, Justice Vernon Ong ruled that MBPJ had granted the planning permission to Bangsa Ria within the proper legal framework of the Town and Country Planning Act 1976.
“The actions of MBPJ were not inconsistent with the National Land Code and the express conditions of the Code,” said Ong in his half-hour judgment on Friday.
Ong added that the National Land Code would only come into effect if the planning permission was granted under a municipal by-law that conflicted with the provisions of the National Land Code.
“The Town and Country Planning Act is not a by-law and not an inconsistency,” added Ong.
He also dismissed the application filed against Ramesh, ruling that judicial review proceedings could not be brought against an individual.
“A civil suit should have been brought if damages for nuisance were being sought,” said Ong.
He set costs at RM5,000 to be awarded to MPBJ and Ramesh respectively.
http://www.thestar.com.my/News/Nation/2014/03/21/Court-Bangsa-Ria/
—
NEIGHBOURS WANT DAY CARE CENTRE SHUT!
Click on the link and sign the petition!
Help Bangsa Ria Centre for the Disabled Stay Open Petition
13 mins ago – Bangsa Ria is a day care centre for the disabled, that welcomes all, … for the disabled, providing individualised training to push each child to
…
This is the place, the Bangsa Ria Day Care Centre for children with disabilities.
The Bangsa Ria centre in Petaling Jaya which tends to disabled children mentally and some, physically like a daycare centre. Star photo.
The centre provides physical and social skills training for severely disabled people. They have eight regulars from the ages of eight to 44 at the home.
The centre is open on weekdays from 8.30am to 5.00pm.
Chairman of the centre Saras Manickam said that since the case was initiated, they were uneasy and had lost their peace of mind.
“Where are we going to go? We can’t afford to move at our whim or fancy. Our existence is at stake.
“Parents leave their kids here knowing they can be happy and safe. It is a happy place for them. These kids don’t have much else in their lives,” she said.
—-
https://www.facebook.com/bangsa.ria
…
—
Star
Saturday February 22, 2014 MYT 8:30:07 AM
Bangsa Ria centre: A sanctuary for the disabled
A happy sanctuary for the disabled. – by KAMARUL ARIFFIN/The Star
ONLINE EXCLUSIVE: AHMAD Faris asks visitors to sit right beside him as he excitedly shows off his timetables homework and drawings in his book.
Just a few feet away Arif Helmi excitedly rides his tricycle, the wide grin on his face speaking volumes for his delight.
Ahmad Faris is 44 while Arif is four, and they are the oldest and youngest of the ten mentally and physically disabled people who call the Bangsa Ria centre in Section 12, Petaling Jaya home.
“Even though they might be more than 40 years old, they are all children in our mind,” said the centre’s chairman Saras Manickam.
…
They suffer from different mental disabilities such as Down Syndrome, autism and global development delay (GDD) among others.
http://www.thestar.com.my/News/Nation/2014/02/22/Bangsa-Ria-a-sanctuary-for-disabled/
—
Star
Saturday February 22, 2014 MYT 7:07:53 AM
Netizens rally to save daycare centre
PETALING JAYA: Following news that a daycare centre for children and adults with disabilities in Petaling Jaya is facing threat of eviction, netizens have launched several online petitions to stand up for the disabled and help those who cannot help themselves.
The petitions are on the change.org and gopetition.com, with 600 people already signing the former as at 5pm yesterday since it was launched on Thursday.
“There has been public outcry over the act of one particular neighbour to try to shut down the daycare centre for disabled children, citing among others, that their presence are likely to devalue their property and regarding them as nuisance.
—
TWO NEIGHBOURS WANT IT SHUT DOWN!
These are reasons for the application:
“The applicants have suffered nuisance throughout the day from 8.30 am to 5pm, Monday to Friday as a result of intolerable noise made by the special children as well as their attendants and carers.
“(The applicants have suffered) nuisance of experiencing the uncomfortable sensation of seeing the disabilities and sufferings of all the special children, the whole day, day in day out,” said Jeya Kumar.
…
Star
Thursday February 20, 2014 MYT 12:02:33 PM
Neighbours want centre for disabled children shut, High Court to decide March 21
SHAH ALAM: The High Court here has set March 21 to decide whether the Bangsa Ria Day Care Centre for children with disabilities can continue operations at its current premises at No. 40, Jalan 12/14, Petaling Jaya.
This follows a judicial review application filed by two neighboring Section 12, Petaling Jaya residents, seeking to quash the planning permission granted by the Petaling Jaya City Council (MBPJ) allowing the premises to be used as a day care centre for children with disabilities.
The two residents are also seeking a court order restraining the owner of the premises from using the house as a day care centre, or for any other use except as a dwelling house.
Additionally, the two applicants are also seeking an order for the respondents to pay the applicants damages for the reduction in value of the applicants’ house and for nuisance, with the damages to be assessed by a Senior Assistant Registrar of the Court.
In submissions on Wednesday before High Court Justice Vernon Ong, counsel for the applicants V. Jeya Kumar said the provisions of the National Land Code must be followed by the respondents, namely the MBPJ and the owner of the premises, Ramesh Sivaraj.
http://www.thestar.com.my/News/Nation/2014/02/19/daycare-centre-disabled-kids-case/
—
Star
hursday February 20, 2014 MYT 11:37:11 PM
Bangsa Ria’s Saras Manickam: I have enough worries running centre
PETALING JAYA: An eviction order is the last thing that Saras Manickam want for her charges.
She cannot understand why someone would want to go to the courts to move them out of Bangsa Ria Centre, a day care for children and adults with disabilities.
She already has to worry about things such as raising funds to run the home.
“We already have enough issues trying to run the home and we don’t want to be entangled in any legal issues,” Saras told The Star Online.
Two of their neighbours filed a judicial review application seeking to quash the planning permission granted by the Petaling Jaya City Council (MBPJ) allowing the premises to be used as a day care centre.
They also sought a court order restraining the owner of the premises from using the house as a day care centre, or for any other use except as a dwelling.
On Tuesday the Shah Alam High Court set March 21 to decide whether the centre can continue operations at its current premises at No. 40, Jalan 12/14, Petaling Jaya.
——————————————————————–


