The Shah Alam High Court today granted residents of Broga new village an interim stay order temporarily halting full implementation of a multi-billion ringgit incinerator project that has generated much protest.

The order was granted at 10am pending the disposal of the whole matter involving the RM1.5 billion municipal solid waste thermal treatment plant. Kampung Broga has about 2,000 villagers.

On Jan 20, Broga resident Alice Lee filed an application on behalf of the villagers for a stay order against the Selangor Menteri Besar, Science, Technology and Environment Ministry and Selangor Land and Minerals Department Director pending the outcome of the main suit.

Filed on behalf of 450 villagers, the main suit filed on Nov 8, 2003 seeks a court declaration ordering the government to divulge details of the controversy-ridden project.

The stay order, granted by Justice Suriadi Halim Omar in a courtroom packed with about 40 villagers, marks the first positive development in the three-year Broga incinerator saga.

The villagers then proceeded to Selangor Menteri Besar Dr Mohd Khir Toyo's office nearby to keep an appointment at 11.30am, to clarify whether or not the site affected is a gazetted water catchment area.

However, they were only able to meet State Secretary Ramlan Othman (left) who silently heard out their grouses for 70 minutes before saying he would forward their concerns to the Selangor government.

According to Lee, he did not answer their questions.

Long haul ahead

When met in court after the order was granted, Lee said she was happy but noted that it was only the beginning of a drawn-out legal battle.

"We are grateful (for the order), since the government could technically carry out any work on the site now (since it has been approved)," she said.

"We have been having nightmares, suffering from loss of appetite and a loss of income since the project was shifted to Broga from Puchong (in November 2002)."

Since 2002, repeated attempts by residents to obtain an open account of the project costing and construction details have been met with silence, denials and inaccurate public statements by the authorities.

The hearing proper, fixed for June 30, will attempt to answer all questions posed by residents regarding the construction of the 1,500-tonne plant - the biggest of its kind in the world using Japan's fluidised-bed gasification and ash-melting technology.

Counsel Uma Parvathy Thothathri was ecstatic over the decision.

"There had been many within the Broga committee who wanted us to withdraw the application. But today's order is good news for us all," she said outside the court.

"Even though this is a temporary reprieve, at least we don't have to worry about work starting at the project site before we can present our case at a proper hearing."

She said the stay order was sought urgently because the Selangor government had begun the land acquisition process affecting 52 Broga landowners for access roads and as part of the plant's perimeter compound.

'Notice given' but gov't lawyers absence

Earlier, Uma pressed the judge for the stay order citing the absence of representatives from the Attorney-General's Chambers and the Selangor government's legal department to agree with or object to the application.

"I'm not sure why no one turned up today. We had already given notice on Feb 4 and served the defendants a sealed copy on Feb 7.

"When they asked for an adjournment of the hearing after failing to file an affidavit in reply, we decided to apply for a stay order to stop all work until the matter is heard and judged."

Citing Order 92 Rule 4 of the High Court Rules 1980, Uma argued that the court had unlimited discretion to grant an order where it was just and fair to do so, as in this case.

Suhaidi said he could not give a judgment in default against the government due to the special position of the AG's Chambers as the government's lawyers.

"If they're not here, I'm also stumped (as to what I can do). There is also the issue of discretion here. I'll give you another date. You've done your part ... you've done your best," he told Uma, promising to give an early date.

Uma pressed on reiterating the point that the AG's Chambers had been informed of the application to seek a stay order.

"They should have come to argue this point or send a representative to do so," she added.

At this juncture, a government lawyer - who was in the court room for another matter - stood and offered to relay the court's ruling to his colleagues. He also tried asking for a one-hour adjournment so that a colleague could be contacted to attend the hearing.

"I don't understand why they are not here (but) please go and tell your people (about today's proceedings)," Suhaidi said, remarking that there was a time when lawyers used to wait for judges.

Problems with contractor

Ebara Corp won the multi-billion ringgit job in February 2003 to design, build and commission the plant, touted to be the first of its kind in the world to use Japan's latest zero emission technology.

Subsequently, it got into trouble with the Malaysian government for allegedly failing to fulfill its contractual obligations by not detailing its technology transfer plan.

Late last year, the Housing and Local Government Ministry issued Ebara Corp a revised letter of award requiring compliance with additional conditions set by the Department of Environment when it approved the environmental impact assessment.

A company insider claimed everything would proceed as planned because Ebara would not have problems complying with the conditions.