Taman Sri Muda residents win suit against govt, others over 2021 floods

In a landmark ruling, fifty residents of Taman Sri Muda have secured a victory against the government and associated agencies for negligence and breach of duty following the devastating 2021 floods. At the Shah Alam High Court on October 6, Judicial Commissioner Shoba Rajah stated that the residents had proven their case through a balance of probabilities, against both the government and two state agencies.

The court acknowledged that the plaintiffs established a foreseeable duty of care from the defendants' operational functions and disaster management responsibilities. The defendants' "act of God" defense was dismissed, as reasonable human intervention was available. The court found that negligence had been established. The National Disaster Management Agency failed to escalate disaster response, maintain a central coordination hub, and deploy rescue teams effectively.

The meteorological department also fell short in issuing timely warnings, despite forecasts indicating the appropriate danger level. The Selangor irrigation and drainage department (JPS) and Shah Alam City Council (MBSA) were found jointly liable with the federal government. The case will be managed by October 6 to set a hearing date for assessing damages.

The residents were represented by lawyers Regine Ng, James Joshua Paulraj, Ahmad Badri Mustaffa, M Gobinath, and P Taneswaran. The federal government was represented by senior counsel Al-Saifi Hashim, Nurul Farhana Khalid, and Liew Horng Bin, while JPS and MBSA were represented by Faris Shah Kamarulzaman and Norazalina Hairuddin, respectively.