Saturday, August 8, 2009
Buah Pala residents agree in principle, but...
By Anil Netto,
In the confusion that surrounds the Kg Buah Pala crisis, a different version of events over the last 24 hours has emerged.
About 80 per cent of the villagers participated in a meeting last night along with several activists. The villagers are understandably upset – there is a strong sense that they have experienced a grave injustice.
The meeting was witnessed by Sungai Siput MP Dr Jeyakumar Devaraj, who revealed some of the villagers’ main reservations over the developer’s offer.
According to him, the villagers have agreed in principle to the developer’s proposal – but subject to further fleshing out and clarification to ensure they are given a decent deal that protects their interests.
They are willing to dialogue and negotiate further with the developer and the state government on these points.
- Their main reservation centres on the number of houses: 24 terrace houses is simply not going to be enough given the number of extended families, which could be over 40 families (perhaps not as high as the 60-odd families mentioned by some villagers). So they need more terrace houses.
- They are also asking for temporary rental reimbursement for each family of about RM1,200 until the houses are ready.
- They want the offer to be made in a proper legal document to each family, that is enforceable with details such as the housing specs and delivery date (two years?) shown.
- They also need to know what happens if Nusmetro goes bankrupt or turns into a shell company or is unable to complete the project. What happens if the company doesn’t get all the necessary approvals? Will the state government stand as guarantor or could there be another mechanism to protect their interests? This should not be impossible to accommodate.
- Some alternative grazing land provided for their cows.
Now, if for some reason the developer is unable to accommodate some of these points, the villagers are urging the state government to allow them to use the 2.4 acres of adjacent land, which is state reserve land. This could be divided into 24 lots (a similar number to the existing lots in the village) and the money that the developer was going to use to build the 24 terrace houses could be given to the villagers to build their own homes.
The state government, however, appears to be reluctant to allow this for fear that it would set a precedent – a fear that may be legitimate.
But what sets this case apart are the alleged elements of fraud in this particular deal – several MACC reports have been lodged. The state government could cite these as extraordinary circumstances that deserve an extraordinary solution – a real win-win solution.
If the Penang government is really interested in seeing justice done and the villagers’ interests protected, then it should seriously look into these reservations to ensure that an acceptable and just settlement is reached.
The residents agreed that Jeyakumar would convey these reservations and recommendations to the state government for it to consider. This he has done: this morning, he submitted a letter containing some of these points to the Chief Minister (Guan Eng was not in, so the letter was passed to his office) and personally to Deputy CM Ramasamy.
All is not lost if the state government could only look at the issue from the lens of the villagers and really understand their fears and insecurities. Few outsiders can feel their anguish at being wrenched apart from the land they have called home for generations – and all because of a land grab under dubious circumstances.
“They must be given a decent deal,” says Jeyakumar. “There are so many different people saying different things. I would take last night’s meeting, which was well attended, as reflecting what the villagers want.”
The above need not be seen as absolute demands but as the starting point or building blocks for further negotiations to arrive at a more just solution.
Meanwhile, the developer should be told once again that if there is forced eviction/demolition, the state government would stick to its pledge of revoking the development order.
High Chaparral rejects 'double-storey house' offer - Malaysiakini
Kampung Buah Residents Association chairperson M Sugumaran said they are rejecting the offer as it is riddled with unacceptable conditions.
One of them, he pointed out, was the villagers were asked to withdraw all their court cases against the land deals pertaining to their village.
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"One must understand that we are not fighting against Nusmetro, the state government or the cooperative society.
"We are challenging the land alienation marred by fraudulent land deals," said Sugumaran (above, left) at a press conference in the village this afternoon.
He said the offer letter was issued to all house owners during last Tuesday's meeting between the villagers and state government leaders in Komtar.
The villagers were given until noon today to accept the offer.
Sugumaran, however, said perhaps two residents may have accepted the offer, without naming them.
Villagers face demolition of homes
Kampung Buah Pala is also commonly known as Tamil High Chaparral due to its population of cowherds, cattle, goats, other live stocks and lively Tamil cultural features and festivities.
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They, instead, demanded the authorities gazette their village as an Indian heritage living human village in Georgetown city.
They also submitted a memorandum to the Unesco heritage unit in Paris last week to add more steel to their struggle.
Georgetown and Malacca were given a combined world heritage city status by Unesco in July last year.
Armed with a court order, the developer warned residents that the village would be demolished and flattened if the residents failed to meet its Friday noon dateline by accepting its offer.
The developer plans to build a luxury condominium project called Oasis in the area.
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"When the chief minister himself has raised such allegations, it's only logical for the state government to right the wrong.
"If the state government continues to facilitate Nusmetro's offer, then the current government was clearly colluding with the previous administration to endorse the fraud.
"This is unbecoming of a responsible government," he told newsmen.
Ramasamy asked to explain RM500,000 claim
Meanwhile, the villagers adviser A Thiruvenggadam demanded the state government to explain its claim that villagers would be made owners of RM500,000 worth of properties through the Nusmetro offer.
He questioned how the state government can possibly assess the property value when the proposed double-storey terrace houses were yet to be built and given to the villagers.
The former councillor of Petaling Jaya municipality said the state government was wrong in evaluating a land that is yet to be developed.
"This is blatant act by the state government with a malicious intention to portray the villagers as greedy people.
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He was commenting on a statement by Deputy Chief Minister 2 P Ramasamy (left) in Tamil daily Makkal Osai yesterday.
Ramasamy was quoted as saying that "due to the relentless efforts by the Penang government, the villagers have been upgraded to owners of a half-million ringgit worth of property."
Malaysiakini could not reach Ramasamy for comment despite several attempts.
Friday, August 7, 2009
Buah Pala residents reject new homes
The chairman of Kampung Buah Pala Residents’ Association, M. Sugumaran, said the residents would not move out from their home no matter what. He said they did not want to accept the offer because they found everything presented to them to be unsubstantiated and there was no guarantee they would receive the house if anything bad were to happen to the project.
“If the project does not take off, the row of houses offered to us is not given and the compensation would be cancelled. Is this fair?” he told reporters here today.
Apart from that, Sugumaran said the developer also failed to state the new area where the residents would be relocated. “There were 65 families living in the village but the developer’s offer was only for 24, leaving 41 families without a home,” he said.
At a meeting between the state government, the residents and the developer on Tuesday evening, Nusmetro Ventures had agreed to share the 2.6ha plot with the residents by offering each of them a double-storey terrace house for each of the house demolished.
Nusmetro Ventures had given the resident until midnight tonight to accept the offer, failing which, the compensation would be cancelled. The residents had asked the state government and the developer to give more time for them to consider the offer. However, their plea was turned down by the state government. — Bernama
Buah Pala villagers reject Nusmetro’s offer - Anil netto
In a just concluded press conference, they cited numerous reasons for their rejection. They claimed that Nusmetro’s offer letter was itself illegal as the temporary title to the land in the Koperasi’s name prohibited any transaction.
They also said that the offer of cluster houses was itself dependent on the developer securing all necessary approvals from the relevant authorities, and there was no guarantee that it could. No buyer in a normal property development project would accept such a condition, they argued.
They also pointed out there were 65 families in the village and only 24 cluster homes were offered.
The press conference was held at noon, the deadline given by Nusmetro for the villagers to accept the offer. Earlier, the developer had warned in a letter that it would execute the writ of possession if the residents failed to leave the village by the deadline.
The villagers had faxed a letter to the Chief Minister yesterday asking for more time to consider the offer. They only received the detailed house drawings after 5.00pm yesterday.
Meanwhile, a small group from Pas, including Kelantan politicians, visited the villagers yesterday evening.
Kg Buah Pala: Face of anguish
Earlier, Muniammah had come up to a few visitors to the village, her hands clasped as if pleading with us for help: “Where will we go after this?” she asked, almost in tears. “We don’t have any money for rental.”
Her parents arrived from India decades ago – she doesn’t know exactly when – and her mother lived in Kampung Buah Pala until she was 90.
She showed a couple of us around her family home, her back hunched as she struggled to walk up the steep path leading from the lane to the front door.
Perhaps those who are coveting the land on which her home stands – and can only see real estate $$$ – and those who allowed and facilitated the land grab will look deep into her eyes and understand the anguish they have caused.
She could be your grandmother or mother.
PRESS STATEMENT- LGE sanctions fraud against the Kg Buah Pala residents
Why are you sanctioning a fraud when you should have acquired the landand return what is rightfully belonging to the residents of Kg BuahPala instead of making a deal and short changing them?
If you look at his press conference read out by his mandore ProfRamasamy, it is nothing but gloating about the achievement of DAP andcondemnation of the fraudulent transaction started by the UMNO led BNand gladly completed by the current government.
If LGE can talk so much about the fraudulent transaction, what did hedo about it? He sat by and watched it to be completed. When did heappoint an investigation committee to address the transaction when hewas well aware of this fraudulent transaction even before he came into the
power? Yes, it did not happen until the 1st week of July 2009 and whatwas the result of the investigation committee as nothing has been revealed so far.Was he really serious in assisting those residents with the investigating committee or it just another political game?
Many legal avenues, were available for him to pursue the fraudulenttransfer of the land starting from March 8, 2008, yet he sat on ithoping that it will pass by for poor and defenceless Kg Buah Palaresidents who are insignificant for him as oppose to the Developersand the rich and mighty.
Section 340(2) of the NLC clearly spells out.
The title or interest of any such person or body shall not be indefeasible
(a) in any case of fraud or misrepresentation to which the person orbody, or any agent of the person or body, was a party or privy; or
(b) where registration was obtained by forgery, or by means of aninsufficient or void instrument; or
(c) where the title or interest was unlawfully acquired by the personor body in the purported exercise of any power or authority conferredby any written law.
Now show us the public what efforts had you undertaken to challengethe fraudulent land transfer other that clamouring that it was KSK’sfraudulent act and you can’t do anything about it. Doesn’t the lawprovide it for such acts? Well you are the CM, you have the power andauthority to challenge the transaction yet you positioned yourself withdevelopers against those poor and defenceless Kg Buah Pala residents.Nowhere does it exist in law that fraud is acceptable, when youyourself claim it is a fraudulent transaction. Is this the example you are setting for the rakyat?
In total you have just sanctioned fraud and acted just like anothercorrupted UMNO led BN government that is only interested in their own individualwelfare as opposed to the public benefit.
Don’t even talk about the so-called $150 million compensation. LetHINDRAF enlighten you, the land was sold for RM3.2 Million and now you claim it is worth RM150 million. That means the price has rocketed to 2,343.75%. That even beats the property hike price of some high-end properties in New York and London before evenconstruction had began. This can only happen in the BOLEHLAND.
Where is the logic that a RM10 per square feet increases by 2,343.75% in15 months since the project was launched? Mind you if all the land wasutilized notwithstanding the basic amenities such as community hall,tennis court, tadika, administration office, clinic, landscapeand so forth. Then I guess the price is even higher per square feet?
LGE is definitely sounding like a broken record because we all knowthe malfeasances and that is why the rakyat elected you to power.Unfortunately it is very clear that you play the same game that BNplays by blaming everything on BN without addressing the real issue beingyour inaction and your inability to initiate an action for thefraudulent land transfer against public benefit.
You admit fraud was committed, and then what did you do about it otherthan playing politics with the residents of Kg Buah Pala at the 11thhour when you have been in power for the last 17 months to initiateproceedings for the fraudulent land transfer.
The latest proposal that you put forward to the residents on behalf ofthe Developer is so ludicrous.You think that you have negotiated the best deal for the residentswith a gun onto their head. HINDRAF is totally disappointed with yourcontinues drama that only appears to be that you are actually themouthpiece for the Developer rather than the plight of the Kg BuahPala residents. Is it reasonable, just and fair that, within oneday 41 families needs to make a decision, uproot and move on theunreasonable conditions of the Developer? People at least have choiceto make, but what happens to all the innocent animals, sent to theslaughterhouse?
HINDRAF feels LGE is a CM for the Developer and their mouthpiece notone who have been transparent at least in his dealing with the Kg BuahPala issue for reasons known best to himself.
HINDRAF feels this is clear hypocrisy on the part of the DAP ledPakatan government in Penang for their lack of political will tosafeguard the interest of their citizenry in Kg Buah Pala.
HINDRAF cries with those Kg Buah Pala residents who have been deceivedand blackmailed to be deprived from their ancestral homes for a simplereason that with the change and the promises given to them, they hadfaith in you and your government blindly on the basis of trust thatyou would be just and fair for the truth in this matter.
P. WaythaMoorthy
HINDRAF –Chairman
Kg Buah Pala: Koperasi and Nusmetro must be more accommodating and reasonable
By P. Ramakrishnan (President, Aliran)
Aliran is glad that there is some kind of offer and an attempt to reach a compromise with the beleaguered residents of Kampung Buah Pala. It is good that the Koperasi and Nusmetro have finally come out with an offer in trying to reach a settlement with the residents. While it is commendable, unfortunately the offer does not go far enough to be acceptable to the residents.
A two-storey house promised in exchange for the roof that they would be losing would seem to be a reasonable proposal but this proposal is very vague and uncertain because it lacks crucial details, e.g.:
- There is no guarantee when these houses would be ready for occupation.
- There is no indication on which part of the land these houses would be located.
- There is no indication of the cost of these houses.
- There is no mention whether these houses would be built first to allow the residents to move in at the shortest possible time before the commercial project takes off.
- There is nothing mentioned regarding the rental that would be incurred when the residents are forced to look for alternative accommodation upon the demolition of their houses.
- To add to these uncertainties, there is also a condition that states if the amended layout plan to accommodate these houses is rejected by the approving authority, the deal would be off and the residents would not have any hold on the Koperasi and Numestro for any compensation. If this were to happen, the residents would have lost their homes and would be entitled to nothing whatsoever – not even a sen. In that eventuality, they would have been exploited and deprived of everything that they have had on this land: their lives, their homes, their history, their heritage.
Considering the fact that the Kopersai had obtained the land below market price, it has benefited tremendously and stands to reap huge profits from the land that has been home to these unfortunate residents and their ancestors for nearly 200 years. It would, therefore, be reasonable to expect the Koperasi to be forthcoming and generous in its offer.
Being a Koperasi, it should understand what social justice is, it should be aware that exploitation is wrong and unjust.
It is because of this that Aliran expects the Koperasi to understand fully the dire situation of the residents of Kampung Buah Pala. It is because of this that Aliran expects the Koperasi to act in a humane manner befitting its status and responsibility.
Aliran earnestly hopes that there will be no forced eviction, that there will be no violence tomorrow. There is no need to resort to sledgehammers and bulldozers to evict these helpless residents.
Aliran would like to appeal to the Koperasi to defer the demolition and hope that it would sincerely engage in dialogue with the residents so that a just settlement can be arrived at as soon as possible to the mutual satisfaction of both the parties.
The Gunasegaran ‘death in police custody’ case : An update
Following my ‘Why is Gunasegaran dead?…” post, so many of you wrote in with offers to help with the cost of the proposed second post mortem.
Thank you all so very, very much. You are proof that, notwithstanding the rot that has taken root in our country, there is still hope.
I have not responded to your e-mails because as it turned out, consent was needed from the police authorities for a second post mortem to be carried out, and I did not want to embark on a fund collection exercise until I was certain that a second post-mortem could proceed.
I’ve just been informed that the police have today given their consent, in writing, to a second post mortem.
I’ll be sending those of you who wrote in earlier with offers to help the requisite details so that you can send in your contributions.
God bless.
Kg Buah Pala: More questions - Anil Netto
Let’s go back a bit and look at the timeline:
3 October 2005 – Nusmetro enters into a joint venture with the Koperasi.
5 October 2006 – Planning permission is given by the local authorities.
27 March 2008 – Temporary title (Borang 11AK) (99 year lease) is registered in the name of the Koperasi. The title contains a restriction saying that there can be no transfer, lease, sub-lease or any transaction.
There are also two caveats shown on this temporary title document:
1) Caveat by Nusmetro – registered on 14 April 2008. (Nusmetro had agreed to pay the land premium on behalf of the Koperasi in return for the joint venture agreement.)
2) “Kaveat Pendaftar atas Tanah” – registered on 22 December 2008. (This appears to be in connection with some loan to a borrower. The Housing Loans Section of the Malaysian Treasury applied for the caveat.)
Can planning permission for a plot of land be given before the title is even registered in the name of the applicant? How did this happen?
And what is the final outcome of the state investigative committee’s probe into the land deal. There is no point revealing the results when the houses are already demolished, is there?
No more talk of land scams now?
Thursday, August 6, 2009
WARTAKAN KAMPUNG BUAH PALA, PULAU PINANG SEBAGAI TAMAN WARISAN BUDAYA
KENYATAAN MEDIA
WARTAKAN KAMPUNG BUAH PALA, PULAU PINANG SEBAGAI
TAMAN WARISAN BUDAYA
Saya merasa amat terharu dan tersentuh sekali dengan membaca Akhbar Harian Tamil hari ini yang memaparkan tangisan warga emas, kanak-kanak serta penduduk Kampung Buah Pala, Pulau Pinang. Setelah, ratusan tahun masyarakat India di tindas oleh pemerintahan British dan diikuti Kerajaan Barisan Nasional masalah penindasan kepada kaum minoriti ini masih berlanjutan walaupun mereka mempunyai kuasa “Tsunami” politik di negara ini.
Masyarakat India di Malaysia bukannya hamba kepada sesiapapun. Hanya pemerintahan, takut kalau dibiarkan mereka akan mencecah kaki di Puncak Gunung Everest atau mencapai dataran terendah lautan Altantic dahulu. Tanah yang dimiliki oleh Tuan Arumugam Pillai telah dirampas oleh Kerajaan Barisan Nasional sebelum ini atas nama pembangunan kini tanah amanah Keluarga Brown kepada pekerja menjadi rebutan.
Memandangkan terdapat unsur-unsur penyelewangan dalam pemindahan hak milik tanah tersebut , serta syarat- syarat pemilikan tanah Kampung Buah Pala menghalang sebarang pembangunan komersil tanpa persetujuan Kerajaan Negeri, maka saya mencadangkan agar Kerajaan Negeri mengambil keputusan agar Kampung Buah Pala diwartakan sebagai TAMAN WARISAN BUDAYA dengan serta-merta dan memastikan tanah amanah ini terus dimiliki oleh pemegang amanah buat selama-lamanya.
Kerajaan Negeri Pulau Pinang seharusnya memberi tanah alternatif sebagaimana ianya dilakukan oleh Kerajaan Pulau Pinang sebelum ini, tanpa sebarang pampasan kewangan. Ini tidak akan mengakibatkan apa-apa kerugian kewangan kepada negeri. Pemaju, terpaksa akur kepada kehendak pimpinan Negeri untuk membatalkan pembangunan di kawasan Kampung Buah Pala.
Kerajaan Persekutuan seharusnya tidak bersikap keras kepala kerana ianya melibatkan rakyat Malaysia bukannya segelintir hamba-abdi. Kemudahan di Kampung Buah Pala seharusnya di naiktaraf serta-merta sebagai lambang Warisan Budaya Negara.
Sekian.
YB S Manikavasagam
Ahli Parlimen Malaysia, Kapar
Untuk maklumat lanjut sila hubungi Setiausaha Politik, Sdr M Shanmugam di talian 0192654572
Buah Pala villagers given until Friday noon - Anil Netto
More details of the compensation package have emerged, which supersedes my earlier post on the subject.
Here is the summary of the package gleaned from a copy of a letter obtained from one of the villagers. The two-page letter dated 4 August bears the signature of a director of Nusmetro (name not given):
- Two-storey terrace houses to be erected on plots measuring 20 feet by 60 feet each. The built-up area of each will be roughly 1,400 square feet.
- The villagers have to withdraw all legal action.
- The terms will be subject to a relocation agreement to be signed between the developer and the villagers.
- If relevant approvals are not obtained from the authorities, the compensation agreement will be deemed to be cancelled.
- No mention in the letter of any compensation of monthly rentals incurred by the villagers while waiting for the houses to be ready.
- If the villagers fail to leave by noon on Friday, 7 August, Nusmetro states it and the Koperasi have the right to execute their writ of possession.
How the Kg Buah Pala controversy is resolved is going to be crucial: one elected rep in Selangor told me there are a couple of similar cases in that state which could prove to be just as difficult.
The issue is not one of race. The villagers can be of any ethnic group: today it may be Indian Malaysian villagers; tomorrow it could be Malay or Chinese villagers who find themselves in the same predicament.
The issue is how to ensure justice and a fair deal for the low to middle income groups who stand to lose their family homes – through no fault of their own – when corporate predators move in. So please don’t play up the racial angle. The world would be a much kinder and gentler place if we view it through the lens of compassion for our fellow human beings.
