Kartik Krushnapaksha Chaturdashi, Kaliyug Varsha 5116
Kuala Lumpur (Malaysia), Nov 18: Hindraf lauded Tourism and Culture Minister Datuk Seri Mohamed Nazri Abdul Aziz over the government’s decision to declare the century-old Vivekananda Ashrama in Brickfields a national heritage site.
However, Hindraf chief P. Waytha Moorthy expressed his disappointed with Nazri for not utilising his powers under section 67 of the National heritage Act which gave the Minister an immediate power to make an order to declare the building as heritage without the need to serve any prior notice to the Vivekananda ashram trustees.
“It now looks as if the Ministry is using the powers conferred to the Heritage Commissioner under section 24 NHA 2005,” Waytha said in a statement to The Malaysian Times (TMT) today.
Waytha said Hindraf would, for the moment halt its intention to take legal action against the government for non-compliance in gazetting the Ashram as a heritage building.
“We would instruct our solicitors to hold on from proceeding with legal actions in light of this new development.
On last Saturday, Hindraf, through its Solicitors Messrs Karthig Shan, had sent a notice of demand seeking an explanation from the Heritage Commissioner as to what steps were taken other than issuing two notices in 2008 and 2009 to gazette the ashram as heritage site failure of which Hindraf would file a judicial review application in court to compel the Commissioner to gazette the ashram.
“We will now wait for the outcome of this announcement till March next year and would review our intentions to take the government to court if the Ashram is not gazetted by then,” Waytha added.
“The Minister may have his own reasons for using other provisions. However Hindraf is of the view that the most important thing is getting the Ashram gazetted as a heritage building,” he added.
Waytha said that Hindraf would monitor closely the developments of the Ministry in making sure the Ashram is permanently protected.
“We are aware that there were two previous attempts of the Ministry to gazette the Ashram as heritage but upon the objections of the board of trustees, the Ministry halted its intentions.
“That has caused the board to act is an irresponsible manner by developing residential building above the ashram that would cause serious risk to the destruction of the Ashram,” he said.
Yesterday, Nazri announced that he has served notice to Kuala Lumpur City Hall (DBKL) and the trustees of the Vivekananda Ashrama that he intends to gazette the building as such.
Despite the board of trustees declining offers to gazette the site previously, Nazri said the notice dated Nov 12 has been served, and by December, DBKL can conduct the public objection period for 21 days.
“If there are no objections, it will be gazetted in March,” Nazri told the Dewan Rakyat yesterday.
The minister’s move was made in the wake of a public outcry following news last month that the trustees planned to redevelop the site into a 23-storey apartment block.
It was reported that in November 2008, an offer to gazette the ashram as a heritage site was turned down by the ashram’s board of trustees.
Source : The Malaysian Times
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