THE public dispute over the road closure and toll collection issues at Bandar Mahkota Cheras has now become a legal battle. 

Developer Narajaya Sdn Bhd has filed a suit against Grand Saga Sdn Bhd and the Malaysian Highway Authority at the civil division of the High Court.  

Narajaya senior project manager Ng Kian Lai has affirmed the affidavit filed on Oct 4.  

In the affidavit, it was reiterated that Narajaya had constructed an access road in accordance with the plans approved by the Hulu Langat Land Office, Selangor Town and Country Planning Department, Kajang Municipal Council and the Malaysian Highway Authority.  

Narajaya has alleged that Grand Saga had wrongfully and unlawfully prevented Bandar Mahkota Cheras residents and the public from accessing to and using the Bandar Tun Hussein Onn interchange at the Cheras-Kajang Highway by putting up a concrete barricade.  

The Malaysian Highway Authority had been cited as the second respondent because Narajaya has alleged that it had a vested legal interest in the dispute between it and Grand Saga. 

Narajaya has charged that the barricade erected by Grand Saga had resulted in traffic congestion along Jalan Sungai Long, Persiaran Mahkota Cheras and Persiaran Mahkota 2, and residents had staged numerous protests against the move.  

Narajaya said that as a result of Grand Saga's action, it has suffered loss and damages, including the substantial funds it spent on land acquisition and road construction. 

The company claimed that as a result of the continuing traffic congestion caused by the barricade, its image as developer of Bandar Mahkota Cheras was greatly affected. 

Apart from that, Narajaya argued that the terms of the concession agreement did not apply to it as the company was not a party to the agreement, nor was it informed of the agreement. 

Hence, the company said, it was seeking a declaratory relief, in pursuant to the Specific Relief Act 1950 Section 41 and/or the Rules of the High Court 1980 Order 15 Rule 16, on the points it raised. 

Meanwhile, the Bandar Mahkota Cheras Open Road Committee formed by the residents to demand the removal of the barricade has submitted a memorandum to the Prime Minister's office with 10,000 signatures.