THE Tropicana nurserymen are under threat of being evicted and are frantically seeking the support of the state government representatives, MPs, as well as Selangor’s exco members, politicians, and leaders to bring their plight to the public.
Appeal letters have also been sent to the Selangor Menteri Besar Datuk Seri Amirudin Shari and Prime Minister Datuk Seri Anwar Ibrahim to help stop the eviction of the horticultural nursery owners who are using the TNB transmission reserve along Persiaran Tropicana in Petaling Jaya.
The nurserymen, who have been conducting their business there since 2000, have been given a month’s notice to vacate their properties by the Selangor Forestry Department.
The nursery owners, who have bought large stocks for the upcoming Chinese New Year, are in a dilemma.
All of them will lose their livelihood if forced to vacate the nurseries, as they have invested huge sums in greenhouses, canopies, fountains, ponds, aquariums and other structures needed for their business.
It is easy to demolish all these structures, but the government needs to consider the hardships and large amount of money invested in the business.
Furthermore, the said transmission reserve is not required for any projects or purposes. The site will become a wasteland if the nurserymen leave as people will use it as a rubbish dump as is happening in many places.
The nursery owners are deeply shocked by the short notice given to vacate their sites.
The transmission reserve was created by Tenaga Nasional Berhad (TNB) more than 40 years ago, and it is now considered state land. It does not belong to the State Forestry Department as alleged in the notice.
Recently, an important document was provided by one of the nurserymen, stating that the Selangor Forestry Department does not have any authority over the land and the nurserymen were requested to apply to the Petaling District and Land Office for the Temporary Occupation Licence (TOL).
The letter dated April 29, 2022 issued by the Selangor Forestry Department also stated that applicants who had submitted deposits and other fees to the State Forestry Department should apply for a refund of their money.
This clearly shows that once the transmission reserve was created, it no longer belonged to the State Forestry Department, but the land had reverted to the status of government land, and the Land Office is the sole authority over the land and the issuing of a TOL for its usage.
It is bewildering to note how this important directive by the State Forestry Department was ignored by the current State Forestry Department director when he issued the notice to vacate the land.
The Forestry Department cannot now go back on its own word and directive, contradicting itself. The nursery owners can now rely on the well-known legal principle of promissory estoppel.
Legally and officially, the Forestry Department has handed over the right to the Petaling District and Land Office and now cannot claim otherwise, as the nurserymen relied on that statement and forwarded their applications for TOL to the Land Office.
It is hoped that this important matter will be looked into by the state authorities, politicians, and leaders to help prevent the eviction of the Tropicana nurserymen.
The State Forestry Department has no right to evict the nurseries based on the Department’s own directive.
The Forestry Department cannot now contradict its official directive, as it will reflect negatively on the government departments and their adherence to the rule of law. – Jan 9, 2025
V. Thomas is a Focus Malaysia viewer.
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
