A 71-YEAR-OLD man was awarded RM1.15 million after the High Court ruled that the Kuala Lumpur City Hall (DBKL) had encroached on his land to build a monsoon drain, bringing a 15-year legal battle to an end.

Since 2005, R. R. Meyyanathan has owned the 1,658 sq m of land near Petaling and intended to build a few bungalows on it. 

He argued that a monsoon drain, which had taken up 224 sq m of his land was constructed by the DBKL without his permission, affecting his legal rights to enjoy his land.

According to the New Straits Times, Meyyanathan repeatedly requested the City Hall to relocate the structure as he continuously suffered loss and damage due to the maintenance and improvement works on the monsoon drain, but these requests were to no avail.

Meyyanathan pleaded that DBKL had taken part of his land for its purpose and use without compensation, which is tantamount to illegal deprivation of his property.

City Hall had denied it had trespassed on Meyyanathan’s land and the structure on the latter’s land was not a form of encroachment. 

City Hall also claimed that the monsoon drain was part of the drainage and natural stream that existed on the land in 2004 or even earlier.

Judge Roz Mawar Rozain in her judgment last month said it can be concluded with great certainty that the location of the monsoon drain is within the plaintiff’s land, and he did not consent to this.

The defendant had also failed to adduce any evidence to show otherwise and there was also no challenge as to the size of land that the monsoon drain had encroached on. 

Roz Mawar said DBKL was unable to produce any documents or records that showed the monsoon drain was constructed prior to 2004. 

“The court awarded the plaintiff damages at the rate of RM200 per day from January 8, 2008, until the date of this judgment for damages. That would amount to RM200 multiplied by 5,757 days, which amounts to RM1.15 million,” she said.

She also ordered the defendant to pay costs of RM45,000 to the plaintiff. 

“DBKL could have avoided these legal proceedings if it had engaged with Meyyanathan prior to this suit,” she added. – November 14, 2023.