Thursday, July 30, 2009
Let's go over the facts: The villagers took the state government (under Koh Tsu Koon), the cooperative and developer to court in 2007 to save the village, and claim their right to the land.
At that point in time, the title had not been transferred, nor the premium paid for the land alienation.
Now the High Court in Penang decided that the residents of kg Buah Pala do have a claim to this land.
Originally the village was legally gazetted as the Helen Brown Housing Trust under the Housing Trust Act 1950.
However, in 2005, the land office alienated the land to the state government without dissolving the trust which is a requirement under law
Futhermore, Penang Island Municipal Council (MPPP) had allegedly given planning approval in 2007 to Umno-linked Nusmetro before the land was legally transferred to the cooperative.
Isn't this a breach of the council's building by-laws?
Under Section 81 & 82 of NLC 1965, there is a time limit on the premium to be paid, normally within three (3) months, otherwise the state government has the authority to invalidate the transaction.
In this case, Koh gave the approval on April 25, 2007 and the cooperative paid the balance of the premium only on the Mach 14, 2008 to the Pakatan government led by Lim Guan Eng?
So what happened?
Then on May 23, 2009, the PR state exco decided to claim for the balance 50% of the premium which the cooperative agreed to settle if the terms of the land title were honoured.
Therefore, they knew that there was possibility that you would not honour it and were aware of the legal implications if you dragged them to court on the fraudulent transaction.
So when attempts were made by the Pakatan government to really save Kg Buah Pala, you hid behind the judgement of the federal court. And how a huge sum was needed to pay the developer.
Stop plucking figures from thin air for political survival.
What happened to all your legal eagles when there are ample grounds and facts to challenge the fraudulent land transfer? Are they that dumb, that a layman like me can read, digest and understand what actually transpired?
No Guan Eng, I don't expect miracles from you, but be sincere.
There are many instances of fraudulent activities by the previous government. Nobody is blaming you for this, but we need you to tackle the problem rather than play politics.
Get your legal eagles to get off their butts and work on the fraudulent land transfer.
I know it is not easy to go against the Penang Chinese Chambers of Commerce but you seek the truth for each and every Penangnite, irrespective of their origin.
You have taken a bold step forward with the ultimatum, and I'm sure every Penangnite will support in the next election if you resolve this matter.
A reminder, stop sending an Indian mouthpiece to solve an Indian problem if you know what I mean. We are all Malaysian, it is everyone's problem to seek what is just, fair and truthful.