KUALA LUMPUR: The Kebun-Kebun Bangsar (KKB) community farm will continue to run despite being slapped with an eviction notice by the Federal Territories Land and Mines Office.
Its founder Ng Sek San said he planned to challenge the agency's final notice dated June 23, which is not open to appeal.
Ng also highlighted that he could be hauled to court for occupying a government land under Tenaga Nasional Bhd (TNB) power lines, which could cost him a ceiling fine of RM500,000 or a maximum jail term of up to five years if found guilty.
"Life goes on for us, because we are a community facility and are not a profit-making enterprise. We will continue to take care of the farm until they evict us," he said.
Ng had earlier admitted that he was occupying the land without permission and explained that he was unaware that the temporary occupation licence (TOL) given to the farm in 2016 had lapsed in 2018.
Ng said that in 2016, Kuala Lumpur City Hall (DBKL) had applied for the lease so that the facility could be set under their Local Agenda 21 initiative.
"I thought City Hall would renew the TOL automatically. But when I received that first final eviction notice from the Land Office (a sister agency to City Hall) under the Federal Territories Ministry in March 2020, I quickly put in the papers.
"Since the notice was issued around the time of the first lockdown (Movement Control Order to curb Covid-19 transmission), Kebun-Kebun was spared."
Ng said the renewal could also have been disrupted by several complaints, which he claimed could have come from one of his 16 to 18 neighbours.
"I believe the main problem came from one neighbour who has been consistently complaining about us to the authorities over the last three years."
"It's a battle between a single individual and the community," he said.
Ng also denied that they were putting up illegal structures as claimed by the Land Office.
"TNB is extremely strict. They come every two months to check on us. They asked that we trim or cut down every tree above a certain height.
"We have not been informed of any illegal structures that have been put up and where is the proof that we have them?"
While denying that the land was unkempt, Ng said Kebun- Kebun should not be blamed for incidences of snake encroachment, as claimed by a resident, when there is an idle piece of land opposite the person's home.
Ng also refuted claims that the community farm had led to a landslide at the top of a hill and pointed to a collapsed bungalow as the possible reason behind it.
He said geotechnical experts were commissioned to perform a complete study on the site before it was set up, with the report already submitted to City Hall, TNB and relevant politicians which was also available for scrutiny.
Ng said he views the authorities as partners to the farm.
"We are drafting an online petition, but there is only so much that we can do now. We are leaving it to the authorities to do the right thing.
"We have made our work known to all, we have shown what we have done for the last five years so that everyone can see and look for themselves."
Moving forward, he hopes to find a middle ground with the neighbours and the authorities.
Ng, who hopes to meet Federal Territories Minister Datuk Seri Dr Shahidan Kassim soon, said Lembah Pantai MP Fahmi Fadzil had also visited the farm.
Earlier, the Federal Territories Land and Mines Office director Datuk Muhammad Yasir Yahya said the urban farm had been served a final eviction notice due to violations of its Temporary Occupancy Licence (TOL) terms.
On the back of Prime Minister Datuk Seri Ismail Sabri Yaakob having praised KKB in a speech for World Environment Day, Yasir had said that his office supported community farms.
However, he reminded that the facility must adhere to certain conditions.
He said the conditions of approved nurseries include the types of crops, with no permanent structures allowed to be set up under power lines, according to technical specifications from TNB.
Yasir also said that the facility was at the centre of various complaints from residents in the vicinity, which were lodged via "verbal and written reports" that claimed it was a nuisance.
"The investigations found that the farm kept livestock such as chickens, ducks, and sheep that caused other issues such as odour, flies as well as noise disruption which are the main reasons for enforcement action," he added.
To this, Ng said he had trimmed down the animals at the farm from 50 to less than 30 following complaints. He however maintained that they were crucial to the sustainability of the community farm, which was a living, breathing project instead of a cosmetic landscape.
Meanwhile when contacted Fahmi said he had written to Shahidan to ask him to consider revoking the eviction.
He said that his office has been in touch with all parties from at least 2019 and was trying to resolve the disputes.
"But total eviction, to me, is unwarranted. There is much good that this community garden brings, not only to Bangsar residents but also to so many visitors including children with special needs. Otherwise, why would the PM make a special mention of it?"
The farm, which opens daily including public holidays, is run by volunteers and produces a variety of vegetables, fruits, flowers and even has a rice field.
The 3.2 ha terraced green garden was founded in 2017 and is non-commercial. Its produce is given to the underprivileged and soup kitchens.