Two residents in Section 12, PJ aren’t very happy that they’re sharing a neighbourhood with a daycare centre for disabled children, and have filed a legal motion to shut it down.
Their reason? They get uncomfortable seeing and listening to disabled children.
The Shah Alam High Court has set March 21 to decide whether to allow the Bangsa Ria Day Care Centre for children with disabilities to continue its operations at No. 40, Jalan 12/14, Petaling Jaya, where it’s currently situated.
This follows the judicial review application filed by the daycare centre’s neighbours, seeking to revoke the planning permission granted to the daycare centre by the Petaling Jaya City Council (MBPJ) allowing the premises to be used in their current form.
The two residents are also seeking a court order to prevent the owner of the premises to from ever using the house as a daycare centre, or for any other use except as a dwelling. They’re also seeking an order for the respondents to pay for damages caused by the reduction in value of the applicant’s house and for nuisance, with 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.
“It is very clear and specific, once a land is alienated and a condition is imposed on the title, that condition remains and cannot be changed,” said Jeya Kumar.
Jeya Kumar, added that the two residents who lived in a “quiet residential area” had suffered nuisance “by reason of the unlawful conduct” of the daycare centre.
“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.
Source: The Star Online
