KUALA LUMPUR – The Na Tok Kong Temple in Taman Sri Kuching here claimed that its house of worship was established since 1996, when the plot of land it is sitting on was owned by Kuala Lumpur City Hall (DBKL), in its defence against a Federal Territories Islamic Council (MAIWP) eviction suit.
This is part of an affidavit filed by Law Teck Wah on April 26, representing the Datuk Asai Worshippers Association and the Taman Sri Kuching Welfare Association.
It was only in 2014, Law said, that the temple saw renovations to make structures on the land larger.
“The temple was built and upgraded until today using monies provided by the local community which worships Datuk Gong,” he said in the affidavit.
Court documents went on to explain that the temple has become a refuge for senior citizens and the poor.
“When the temple was built in 1996, the land was believed to be owned by DBKL. The previous owner, which we believe to be DBKL, never raised any issues with the building of the temple.
“In fact, on August 9, 2003, (then) deputy land and cooperatives development minister Tan Kee Kwong visited and officiated the temple,” said Law.
Given the visit by the deputy minister, he said the temple management committee was of the view that the government gave permission or approval for it.
The affidavit said MAIWP failed to mention which parts of the temple encroached onto its land.
Responding to Law’s claims, MAIWP said it had made a request for the land on May 6, 1998, with the director of Lands and Mines (Federal Territories), which was approved on February 3, 2000.
It was only on July 13, 2000, that temporary ownership of the land was given to MAIWP, and this was converted to full ownership four years later.
“For all material times, the plaintiff (MAIWP) was the owner of the land.
“Which is why the plaintiff has rights to demand that all structures be vacated from the land which was built without our knowledge or approval,” MAIWP’s legal unit manager Wan Mohd Sanusi Noor said in his affidavit filed on May 9 this year.
On January 9, MAIWP filed for an eviction order under Order 89 of the Rules of Court 2012 at the Kuala Lumpur High Court naming the temple, Datuk Asai Worshippers Association, and Taman Sri Kuching Welfare Association as defendants.
In the originating summons, MAIWP was seeking to evict the Na Tok Kong Temple, claiming that the land that the temple sits on belongs to the council.
The council also claimed that conditions pertaining to the land require that it be used only for surau or other activities related to the Islamic faith.
Based on the land ownership documents submitted to court so far, MAIWP is named owner of the premises. – The Vibes, May 31, 2023
