Structure built illegally still open
Friday, 8 Feb 2019
by bavani m
Ali Cafe restaurant sits on road reserve and the parked cars are causing obstruction along Jalan Pantai Baru. — Photos: MOHD FAIHAN GHANI/ The Star
IT IS a popular makan spot in Jalan Pantai Baru, Bangsar, attracting a steady stream of customers day and night. But few realise that Ali Cafe Tomyam Seafood restaurant is illegally built on government land.
This revelation follows on the heels of several similar cases highlighted by Federal Territories Minister Khalid Abdul Samad about illegal buildings on government-owned spaces.
The cases that have come to light involve buildings put up during the previous government’s administration.
Ali Cafe restaurant started as a stall some 20 years ago before expanding to its current size a few years ago.
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The back portion of the restaurant has been renovated, making the back lane narrower.
Ali Syed Mohamed is the sole proprietor of the restaurant.
When contacted by StarMetro, Ali Syed claimed that he had got the go-ahead from a high-ranking official in the previous administration.
“I started this business in the 1980s as a young man.
“We operated under the trees for years. I took care of the area and kept the surroundings clean and was even given a certificate for cleanliness.”
When Ali Syed was renovating the place, which he claimed cost RM3mil, he was served with a notice to demolish the structure.
“I pleaded to be allowed to stay as I borrowed money for the renovation and needed to continue the business to pay my loan,’’ he said.
The land the restaurant sits on belongs to the Federal Territory of Kuala Lumpur Land and Mines Office (PTG).
Under Section 425 (1) of the National Land Code 1965, the restaurant is occupying government land illegally.
If the owners fail to move out, they can be fined up to RM500,000 or jailed for not more than five years.
The restaurant’s illegal existence was known to Kuala Lumpur City Hall (DBKL), said an enforcement officer who wanted to remain anonymous.
“Road reserves are for public use and permanent structures cannot be built on them.
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Gunaseelan says there should be no double standards when dealing with illegal structures.
“We had received complaints about this (restaurant) for several years but when we wanted to take action a few years ago, we were asked to hold back,’’ said the officer.
“It is on state land, which is governed by rules under the National Land Code.
“Since the structure is illegal and sitting on road reserve, it can also be demolished under the Street Drainage and Building Act 1974 and the Federal Territory (Planning) Act 1982,’’ he said.
The officer added an enforcement team was given orders to demolish the structure several years ago when the restaurant was carrying out renovation but the DBKL team was instructed at the eleventh hour to stop the operation immediately.
“I remember that day very well. We went in and were told to retreat,’’ said the officer.
He said they were instructed not to disturb the restaurant anymore and even the DBKL health and environment departments were ordered to issue licences for the outlet despite it being illegal.
When contacted, a DBKL spokesman said, “We did order a demolition exercise previously, but we got instructions to hold off (on the demolition).”
Unperturbed, Ali Cafe continues to operate despite infringing multiple rules.
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Ali says the restaurant’s close proximity to the fire station poses a safety hazard.
Due to its prime location surrounded by offices like Angkasa-puri and the Telekom headquarters as well as the fire station, the restaurant, which is open from noon to late night, is constantly packed, especially during lunch and dinner.
The stretch of Jalan Pantai Baru where it is located is very congested, made worse by diners who park their vehicles in front of the restaurant, obstructing traffic flow.
Concerns were also raised as the fire station is located next to the restaurant, and the narrowed roads could delay response time.
The restaurant has a Grade A rating, and is relatively clean, with flat TV screens and ceiling fans.
Ali Syed hopes his restaurant will be allowed to continue operating.
“I have written to Lembah Pantai MP Fahmi Fadzil and PTG asking for leniency and am awaiting their response,” he said
Read more at https://www.thestar.com.my/metro/metro-news/2019/02/08/structure-built-illegally-still-open/#5ARAm1yvMTbEG2WM.99
