The public attrition between the Hindu Rights Action Force (Hindraf) and the Penang government over the 'High Chaparral' controversy has reached new heights with both sides continue to trade barbs.
Hindraf leader P Waythamoorthy today sharpened his attacks by accusing Chief Minister Lim Guan Eng of being a party to the allegedly fraudulent transaction of Kampung Buah Pala village land in Bukit Gelugor.
Waythamoorthy said since the village land transfer happened under Lim's watch, he should be held responsible for the transaction.
He pointed out that Lim had conceded that the land deals were carried out in dubious manner by the previous Barisan Nasional government.
The land was transferred from state ownership to a civil servants' cooperative society – Koperasi Pegawai-Pegawai Kanan Kerajaan Pulau Pinang - on March 27 last year, 19 days after Pakatan Rakyat was catapulted to power in the 2008 general election.
The transfer is said to have been done without the knowledge of the state government despite Lim's directive to the Land Office to halt all land transactions on assuming power.
The London-based Waythamoorthy pointed out that Lim could have easily cancelled the subsequent transaction on grounds of insubordination or non-approval from the state cabinet.
“What I knew was the village's lawyer had even advised Lim to cancel the deal and take administrative action against the culprits. But he did neither,” he told Malaysiakini.
State can invoke Land Acquisition Act
Waythamoorthy also refuted claims by Lim that Hindraf had misled the public in implying that the state government could acquire the village land at RM30 million or below the market price.
He said it was Lim's political secretary Ng Wei Aik in his own blog posting which suggested that the land would cost the state government tens of millions of ringgit.
Accusing Lim of putting the cart before the horse, he further questioned Lim's wisdom in coming up with such a “ridiculous” sum.
“Perhaps he is not getting the correct advice from his state legal adviser,” said Waythamoorthy, who himself is a trained lawyer.
He said the legal avenue to acquire the land was under sections 18-35 of the Land Acquisation Act, which clearly stated that the quantum of the compensation to be paid shall be assessed by the land administrator after valuations and survey.
If the awarded compensation was unacceptable, he said Lim can invoke provisions under sections 36-51 to seek the court to determine the appropriate sum, with the assistance of assessors.
“He should not blame Hindraf for his own ignorance of the law,” said Waythamoorthy.
Compensation offer dismissed as 'peanut'
He also rebuked Lim for claiming that acquiring a piece of land such as Kampung Buah Pala was beyond the state government's financial capabilities. Waythamoorthy argued that the village was not exactly developed land.
“In any case, the village was developed by the villagers, who have lived there for past 200 years, with their sweat and blood, not by the government or developer.
“If the land is worth hundreds of millions of ringgit because it is developed then the compensation should be awarded to villagers, who are the rightful owners and real developers of the land,” he said.
Waythamoorthy rapped Lim for colluding with the developer to deny the basic human need of having a 'roof over one's head' and uprooting the villagers with the “peanut” compensation offer of RM90,000.
He said Hindraf was willing to sever the movement's friendship with DAP over the issue.
“This issue is not about money, but the preservation of the villagers' right to exist in their hereditary cultural homes.
“As a responsible chief minister and DAP leader, he should be the first to protect and preserve their homes,” he said, calling on Pakatan Rakyat leaders to pressure Lim on the issue.
Developer Nusmetro Venture has given the villagers until Aug 2 before moving in to flatten the village and make way for a high-end condominium project.
Hindraf leader P Waythamoorthy today sharpened his attacks by accusing Chief Minister Lim Guan Eng of being a party to the allegedly fraudulent transaction of Kampung Buah Pala village land in Bukit Gelugor.Waythamoorthy said since the village land transfer happened under Lim's watch, he should be held responsible for the transaction.
He pointed out that Lim had conceded that the land deals were carried out in dubious manner by the previous Barisan Nasional government.
The land was transferred from state ownership to a civil servants' cooperative society – Koperasi Pegawai-Pegawai Kanan Kerajaan Pulau Pinang - on March 27 last year, 19 days after Pakatan Rakyat was catapulted to power in the 2008 general election.
The transfer is said to have been done without the knowledge of the state government despite Lim's directive to the Land Office to halt all land transactions on assuming power.The London-based Waythamoorthy pointed out that Lim could have easily cancelled the subsequent transaction on grounds of insubordination or non-approval from the state cabinet.
“What I knew was the village's lawyer had even advised Lim to cancel the deal and take administrative action against the culprits. But he did neither,” he told Malaysiakini.
State can invoke Land Acquisition Act
Waythamoorthy also refuted claims by Lim that Hindraf had misled the public in implying that the state government could acquire the village land at RM30 million or below the market price.
He said it was Lim's political secretary Ng Wei Aik in his own blog posting which suggested that the land would cost the state government tens of millions of ringgit.Accusing Lim of putting the cart before the horse, he further questioned Lim's wisdom in coming up with such a “ridiculous” sum.
“Perhaps he is not getting the correct advice from his state legal adviser,” said Waythamoorthy, who himself is a trained lawyer.
He said the legal avenue to acquire the land was under sections 18-35 of the Land Acquisation Act, which clearly stated that the quantum of the compensation to be paid shall be assessed by the land administrator after valuations and survey.
If the awarded compensation was unacceptable, he said Lim can invoke provisions under sections 36-51 to seek the court to determine the appropriate sum, with the assistance of assessors.
“He should not blame Hindraf for his own ignorance of the law,” said Waythamoorthy.
Compensation offer dismissed as 'peanut'
He also rebuked Lim for claiming that acquiring a piece of land such as Kampung Buah Pala was beyond the state government's financial capabilities. Waythamoorthy argued that the village was not exactly developed land.
“In any case, the village was developed by the villagers, who have lived there for past 200 years, with their sweat and blood, not by the government or developer.“If the land is worth hundreds of millions of ringgit because it is developed then the compensation should be awarded to villagers, who are the rightful owners and real developers of the land,” he said.
Waythamoorthy rapped Lim for colluding with the developer to deny the basic human need of having a 'roof over one's head' and uprooting the villagers with the “peanut” compensation offer of RM90,000.
He said Hindraf was willing to sever the movement's friendship with DAP over the issue.
“This issue is not about money, but the preservation of the villagers' right to exist in their hereditary cultural homes.
“As a responsible chief minister and DAP leader, he should be the first to protect and preserve their homes,” he said, calling on Pakatan Rakyat leaders to pressure Lim on the issue.Developer Nusmetro Venture has given the villagers until Aug 2 before moving in to flatten the village and make way for a high-end condominium project.
Five of its leaders were subsequently detained under the Internal Security Act (ISA). But the momentum generated by the movement saw the Indian Malaysian community turning its back on the ruling coalition.
Speculation that Hindraf may venture into politics started making the rounds when its leader P Uthayakumar stated that the movement was dissatisfied with both Barisan Nasional and Pakatan Rakyat.
The source is confident that Indians from other political parties will flock to Paham.
He said Lim should have considered second legal opinions expressed by other lawyers such as Hindraf leader P Waythamoorthy, the village legal adviser Cecil Rajendra and even Balik Pulau parliamentarian Yusmadi Yusoff (left).
He said the villagers only now realised that their forefathers were duped by their own government to terminate their land ownership and turn the land into a TOL village.
Lim had said yesterday that the village residents were 
“We understand your pain. We will do our best to achieve an amicable solution,” he assured them, in the presence of DCM 1 Mansor Othman, village legal adviser Cecil Rajendra and PKR state assistant secretary M Nyanasegaran.
Mansor, who heads the inquiry panel, said he would refer the resolutions to the state executive council for a decision.
Led by Hindraf coordinator K Selvam, about 10 people gathered opposite the building to protest mainly over the 
Developer Nusmetro Venture Sdn Bhd has obtained a writ to evict the Kampung Buah Pala villagers from their homes, which generations of their families have occupied for more than 200 years.
Asked why the turnout was abysmal, Selvam said the protests were being carried out nationwide, and so there was no need to have many people at any one location.
He said DAP stands for “justice for all races”, and that Hindraf should not hurl allegations at the party.
