ADUN SPEAKS   I have been following statements, comments, news reports and articles from various parties on the proposal to construct the Kinrara-Damansara Expressway (Kidex).

Statements and comments from the developer, Kidex Sdn Bhd (KSB), particularly its chief executive Mohd Nor Idrus, are important for the people to know more about the RM2.42 billion 14.9km elevated highway, or skyway, which is said will be at least six to eight storeys above the ground level.

Statements from various authorities, including replies from the Ministry of Works (KKR), Malaysia Highway Authority (MHA), Petaling Jaya City Council (MBPJ) and Selangor state government are equally important for us to understand the issue.

There are three categories of issues arising. The first category is on how the concession agreement was awarded to KSB in November 2013.

This category of issues will touch on the tender process – was the concession was granted via open tender, negotiated tender or by direct negotiation? How long is the concession period? How will KSB finance the project and what are the roles played by the federal government? Who are the persons or mother companies behind KSB?

Mohd Nor insisted that the RM2.42 billion contract for the project was awarded to KSB on merit and through an open tender process.

There are nothing much MBPJ and the Selangor government can do in this aspect as the entire exercise came under the purview and jurisdiction of the federal government, namely the KKR and MHA. Ironically, this is the most important part of the entire issue as it will determine how much and for how long a period road users have to pay when they use this elevated highway.

The second category of issues surrounds the core question: how will Kidex benefit the people of Petaling Jaya, especially those whose houses are located just next to the skyway? Is this the only option available or are there other options available?

What information is available for public viewing at the moment? What are the approvals already given to KSB to build Kidex and what are the terms and conditions that have to be followed?

30 percent reduction in traffic?

According to an interview with theSun, Mohd Nor said that “once Kidex  is up, there will be a 30 percent reduction of traffic in Petaling Jaya and it will only take 15 minutes to get to Kinrara from Damansara, or vice-versa.”

This statement remains unsubstantiated until now, since no figures have been tabled to MBPJ and the Selangor government so far. According to Mohd Nor, the only information that they did not provide to MBPJ were those that were confidential, that is, for the government only.

This is what Mohd Nor Idrus was reported as saying by theSun :

"One such information is the report on the TIA. When the report is completed in June or July, we need to submit the assessment report first to the Malaysia Highway Authority (MHA) for approval.

"Once that is done, the information will be released to the relevant authorities through MHA but if given the permission by MHA, we will release it to the relevant authorities," he said.

The third category of issues is something very much related to the Selangor government – the project will not take off if private properties or lands are not acquired for the purpose of constructing the skyway. According to Mohd Nor, only about 10 percent of the total 3,784 lots would be acquired for the project.

Reuben Selvarajah, the chief engineer of HSS Engineering Sdn Bhd, which is the main engineering consultant for Kidex, told the media that based on the current assessment plans, about 300 lots would probably have to be acquired.

According to the same report, the Selangor Land Office served a notice of “possible” acquisition for a total of 3,784 government, commercial, industrial and residential units for the highway project on July 31 last year.

This notice of possible acquisition is based on Section 4 of the Land Acquisition Act 1960, which allows the state government to acquire any land for any “public purpose” or projects beneficial to the economy, if it is satisfied with the initiative of the said project.

Selangor holds final key to approval

Based on this, I can submit that the Selangor government actually holds the final key as to whether to approve the project or not. Conventionally, any state government in Malaysia will unlikely deny application for land acquisition for a major infrastructure project undertaken by the federal government based on these grounds:

1. The project is an expensive one and only the federal government has the financial means to fund it; and

2. The project, normally an infrastructure project, is deemed to be beneficiary to the people and the state, directly or indirectly.

3. More economic activities, investments, developments, etc, will be brought in as a result of the project.

Although this could be true in the 80s and 90s, the same cannot be said now, especially in the case of Kidex, when a series of intelligent questions are asked (in the three categories stated above), and none of them are properly dealt with by the developer of the skyway with solid and substantiated facts, evidence, surveys, engineering drawings and reports.

The residents have not heard much from the federal government on Kidex, except for a few parliamentary replies from Works Minister Fadillah Yusuf when he answered questions from MPs from Petaling Jaya Selatan, Hee Loy Sian, and Puchong, Gobind Singh Deo.

Fadillah said Kidex must fulfil a “condition precedent” 12 months before the concession agreement is enforced and that a “public survey” is also a necessary pre-condition.

As for the Selangor government, my colleagues in the state legislative assembly, namely R Rajiv (DAP-Bukit Gasing), Yeo Bee Yin (DAP-Damansara Utama), Ng Sze Han (DAP -Kinrara) and I pressed for more information from the state government during the winding up session in the assembly in April.

The Selangor menteri besar (MB) and the state executive council (exco) member in charge of infrastructure, Ahmad Yunus Hairi, replied in the House that although the Selangor government has given their “in-principle agreement” to the KSB to proceed with the relevant planning, various conditions must be fulfilled before it can proceed with Kidex.

People’s priority must be put first

Some of these conditions are that privatisation must put the people’s priority first; the construction cost and profit must be announced to the public; and an appropriation clause must be included to allow the government to step in and acquire the highway when Kidex has achieved its targeted profit.

I believe there are many other conditions set by the Selangor government, but were not revealed to time constraint in the state assembly.

The MB also said the approval given to Kidex was merely for KSB to proceed to conduct its survey, without which no company will be willing to undertake such exercise.

We were also informed that such an exercise will involve a significant amount of capital investment and some degree of “commercial confidentiality”, based on the MB’s personal experience in Guthrie when the company planned the construction of Guthrie Corridor Expressway (GCE) years ago.

Last year, I tabled a motion in the state assembly requiring the Selangor government to always inform the people and the House on the latest information on all the major infrastructure projects undertaken by the federal government in Selangor. The motion was passed and adopted by the House.

Based on the adoption of this resolution and MB’s reply to the state assembly, I would personally like to give him the benefit of doubt in his reply.

More importantly, the MB has agreed to go to the ground and meet the people personally to deal with any queries and doubts raised they may raise.

Tomorrow: Were local councils informed as Kidex claims?

LAU WENG SAN is the DAP’s Selangor state assembly representative for Kampung Tunku.