KUALA LUMPUR: The victims and family members of those who died in the 2022 Batang Kali landslide are suing the Selangor government and six others for breach of duty and negligence.
The others being sued by the 23 plaintiffs include the Selangor Agricultural Development Corporation, the Hulu Selangor Municipal Council, and the Selangor Public Works Department director.
Also being sued are BL Agro Sdn Bhd, Malaysia Botanical Gardens Resort Sdn Bhd and Infrasel Sdn Bhd.
In the statement of claim, the plaintiffs said they were seeking damages for property damage, personal injury and special damages, as well as dependency and bereavement damages.
They are also seeking general and aggravated damages and intangible losses, including but not limited to pain and suffering, emotional distress, and mental anguish.
The special damages sought are RM1,220,406.84 million. They are also seeking an additional 2.5 per cent interest on the special damages in general and aggravated damages and cost.
This 2.5 per cent interest is calculated from the date of the landslide on Dec 16, 2022, until a judgment is made.
Additionally, the plaintiffs are also seeking 5 per cent interest per annum from the date of the writ of summons (23 Oct 2024) until a judgment is made.
In the writ of summons, the plaintiffs said that BL Agro and Malaysia Botanical Gardens Resort were being sued in their capacity as the operator and owner of the ill-fated campsite and the land it was on.
"The use of the relevant portion of the said campsite land was, at all material times, agricultural by land title but commercial by land use zonation."
The Selangor Public Works Department director is being sued in relation to his responsibilities pertaining to slopes in the state.
Legal action is being taken against Infrasel, which is responsible for the inspection and maintenance of all state roads in Selangor on behalf of the Selangor Public Works Department.
The Hulu Selangor Municipal Council chairman is being sued over his responsibility to ensure that all development and businesses are regulated, while the Selangor Agricultural Development Corporation is being sued in its capacity as the former landowner of the campsite.
The plaintiffs said the Selangor government is "vicariously liable" for the Selangor Public Works Department, Hulu Selangor Municipal Council and Selangor Agricultural Development Corporation.
The landslide on Dec 16, 2022, killed 31 people when it hit campsites at the Father's Organic Farm.
Previously, one of the landslide survivors, Wong Wai Foong said the declassified report on the Batang Kali landslide did not bring him closure.
The report had ruled out any anthropogenic, or human activity contributing to the tragedy.