Yayasan Basmi Kemiskinan (YBK) subsidiary, Permodalan YBK Sdn Bhd (PYBK), is suing the Selangor government and two others for compensation of about RM73.84 million for alleging there was power abuse in the construction of the Universiti Teknologi Mara (UiTM) campus in Serendah.
The suit, filed at the High Court Registrar's Office, here through Messrs The Chambers of Kamarul Hisham & Hasnal Rezua, named the Selangor State Executive Council as the first defendant while the Hulu Selangor District Land Administrator and the Selangor State Government as the second and third defendants.In its statement of claim, the plaintiff alleged that the defendants had an unreasonable and hidden motive concerning the restructuring of the company when it placed conditions, including to appoint Selangor Menteri Besar Tan Sri Abdul Khalid Ibrahim as the new chairman and to appoint three representatives of the state government as members of the board of directors.
PYBK claimed that if it did not agree to the conditions, the defendant asked that all development works by the company be stopped and the total arrears on the land tax be settled as soon as possible.The plaintiff, however, had stated its unwillingness to restructure the company as required by the first defendant and subsequently settled the land tax totalling about RM6.9 million with assistance from the Yayasan Melaka.Subsequently, the plaintiff claimed that it was asked to explain Yayasan Melaka's interest in paying for the land tax, and any agreement or understanding or transaction between the YBK and Yayasan Melaka pertaining to the land, to be discussed at the meeting of the first defendant to decide on the payment of the tax which had been accepted.
PYBK also claimed that the first defendant later decided not to accept payment of the land tax on the ground that it was made by Yayasan Melaka which was said to have no right in settling the tax.The plaintiff claimed that the action of the Selangor government through its Menteri Besar not to bring up the development application by the plaintiff at any meeting of the 'State Planning Committee', chaired by the Menteri Besar, was due to an unreasonable motive which was to control the YBK, to seize real estate belonging to the plaintiff and to retaliate if the plaintiff did not agree to the conditions stipulated.
As a result of the actions by the defendants concerned, the plaintiff claimed it had suffered losses in complying with the conditions of the development plans of the UiTM campus by taking measures to obtain the technical report, approval of the relevant agencies, drawings, and plans and had incurred expenditure totalling RM73,837,089.50.As such, PYBK was seeking for special compensation for the amount as well as general damages, exemplary damages, aggravated damages, statutory interest, costs and other reliefs deemed fit by the court.
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