In the statement of claim filed last week and sighted by FMT, the plaintiffs also named resort owner Malaysia Botanical Gardens Resort Sdn Bhd (MBGR), campsite operator BL Agro Sdn Bhd, the Selangor public works department (JKR) director and Infrasel Sdn Bhd as defendants.
The remaining defendants named were the chairman of the Hulu Selangor Municipal Council and the Selangor Agricultural Development Corporation.
The plaintiffs are seeking special damages in the sum of RM1,220,406 on top of general and aggravated damages, and costs, from the defendants.
The plaintiffs claimed that BL Agro was negligent for failing to secure the requisite approvals from the authorities, including a licence or development permit to operate the campsites.
They also claimed that the operator failed to implement the necessary disaster warning systems and evacuation plans and failed to ensure the plaintiffs’ safety during their stay at the campsites.
The plaintiffs also claimed resort owner MBGR, which is also the registered land owner, knowingly allowed BL Agro to operate the said campsites without securing the necessary approvals.
The plaintiffs also claimed that the resort owner was negligent in carrying out unauthorised land clearance work, earthworks, and road and building construction on the campsites.
The resort owner also allegedly failed to comply with the terms and conditions of an environmental impact assessment report of the land, the statement of claim said.
The filing claimed the Selangor JKR director was negligent in failing to properly construct and/or ensure the quality of the road and maintain the embankment fill along Jalan B66, identified as the area from where the landslide originated.
The plaintiffs also claimed that Infrasel, the concession holder for all state roads in Selangor, failed to discharge its duty of supervising, inspecting and maintaining the road embankment.
The municipal council chairman, according to the plaintiffs, had failed to discharge his statutory duty to regulate developments, construction work and businesses within their district despite at all material times being fully aware of the conduct of agro-tourism business at the campsite.
The plaintiffs said the Selangor Agricultural Development Corporation, the registered and beneficial owner of the campsite until March 7, 2019, failed to monitor and supervise land clearance work by the campsite operator and resort owner.
They also contend that the state government is vicariously liable for the alleged negligence of the Selangor JKR director, the Hulu Selangor Municipal Council chairman, and the Selangor Agricultural Development Corporation.
The case is fixed for case management on Nov 26.
The plaintiffs were represented by lawyers Gurdial Singh Nijar, James Joshua Paulraj and Vemal Arasan, with Messrs Tanes, Khoo & Paulraj acting as solicitors.
The landslide, which occurred in the early morning of Dec 16, 2022, claimed the lives of 31 people, including 13 children, and injured 61 others.