Sunday, April 13, 2025

‘But we’re licensed’: two KL Chinese temples fight eviction in court





The Cheras Liu San Qian Tian Worshippers Association and the Jalan Peel Wong Siong Tong Devotees Society have filed a civil suit at the Kuala Lumpur High Court last month against property developer Evermark Realty Sdn Bhd in an attempt to have their right to stay recognised. – Scoop file pic, April 13, 2025


‘But we’re licensed’: two KL Chinese temples fight eviction in court


Temples claim ask for court to recognise their right to stay as they were already relocated and started operating at Jalan Peel site in 2019, while developer only acquired land in 2023



Arjun Mohanakrishnan
Updated 26 minutes ago
13 April, 2025
8:01 AM MYT


KUALA LUMPUR – Two long-standing Chinese temples in Kuala Lumpur are taking legal action to stop their eviction from a plot of land they say they were given permission to occupy by the authorities years ago.






The Cheras Liu San Qian Tian Worshippers Association and the Jalan Peel Wong Siong Tong Devotees Society – each with over 300 devotees and more than 30 years of history – filed a civil suit at the Kuala Lumpur High Court last month against property developer Evermark Realty Sdn Bhd.

Although the temples have been operating on the land since 2019, Evermark only became the registered owner in 2023. In October last year, the developer initiated eviction proceedings against them.

In response, the temples are now asking the court to recognise their right to stay on the land, citing a licence and verbal agreements made by government agencies prior to the change in ownership.

According to the temples’ statement of claim, their current premises on Jalan Peel were allocated to them in 2017 following an agreement with Kuala Lumpur City Hall (DBKL) and the Kuala Lumpur Land Department.

They had been asked to move from their original location to the Jalan Peel site to make way for the Sunway Velocity Mall development. As part of that arrangement, Tanda Warisan Sdn Bhd – the mall’s developer – paid RM200,000 to assist with the temples’ relocation.

“Based on verbal promises made by DBKL and the Kuala Lumpur Land Office, which granted approval and/or a licence with equitable rights to the plaintiffs to occupy the land (in Jalan Peel), the plaintiffs began construction of the temples’ external structures, including applications for electricity and water supply, resulting in the current state of the premises today,” the statement of claim said.

The temples added that they had spent over RM170,000 on building and upgrading the premises, relying on continued consent from authorities and landowners.

They also claim that Evermark Realty was aware of their presence and their rights when it took over the land. The temples argue that the developer therefore has a responsibility to relocate them if it intends to develop the site.

“Around November 2024, the defendant held a meeting which was physically attended by representatives of the plaintiffs, with the aim of reaching an amicable resolution regarding the relocation of both temples.

“The defendant instructed its representatives or agents to convey the conditions for the relocation of both temples to the plaintiffs’ representatives. Among the conditions was the relocation of both temples to Jalan Quarry.

“Following the meeting, the plaintiffs’ representatives sent a message via WhatsApp to confirm the agreed conditions for the relocation of both temples to the defendant’s representative or agent,” the statement added.

Despite these discussions, the temples said they were surprised to find the developer moving forward with eviction proceedings late last year.

In their suit, the temples are seeking several court orders – including a declaration that they are licence holders with equitable rights, a permanent injunction to stop the developer from evicting or disrupting temple activities, and a mandatory order requiring the temples to be relocated to Jalan Quarry with full facilities as allegedly promised.

Alternatively, they are asking for over RM170,000 in compensation, along with general damages for the loss of their place of worship. – April 13, 2025


1 comment:

  1. It should be written into law that for places of worship that are existing on the land with permission, the proper settlement needs to be built into the Sale and Purchase agreement.
    The place of worship doesn't simply become a tresspaser when the land is sold .

    ReplyDelete