Thursday, August 13, 2009

Live from Kg.Buah Pala

By cryingvoices-Rwindraj

0800hrs : A road bloack has been setup at both entrance to Kg.Buah Pala

0808hrs: A temporary police post has been setup near the village opposite RTM quaters.

0810hrs: There's about 20 villagers were present at the tent setup by the villagers, and about 10 reporters from various media is also present here.

The villagers are worried, tensed and some almost cried, this is the most sad scene that can be seen here at this moment.

There has been a group of about 50 chinese gangster with the Green Attire and with Weapons, standby at a perfect spot near shell about 500m from Kg.buah Pala, which has been noticed by one of the villagers, the group watched closely but chased away by police and the villagers!

Reporters were chased out of the scene, commotions here and there, at 1001hrs, the developers gangster team and the police come in big group!..

The gangsters are supported by police!, there is no reason for the police to chase the reporters!

Kg.Buah Pala Reports

Time is critical in Kg.Buah Pala now, a house belongs to mr.steven has been marked for demolition,

Light Strike force is team is using violence against the villagers, many of them are injured, a lady in the age of 51 by the name, Mahadevi D/O Muthu is injured in a critial situation, she has problem with her spines after attacked with a stick by Light force team, I cant update more pictures here due to time constrain, photos will be uploaded in the photo gallery!

There are no politician seen in the this area, no one comes to the plea of the villagers here, they are fighting on their own for the survival of their heritage land!

The develop has brought a bunch of Foreigners with Iron Rod who is in the front row before the police, police are protecting the developer rather than the villagers!

The Lady with the spinal Injury has been dened medical attention, she lost her consciousness and also suffering with hypertension and leg injuries. IT HAS BEEN ABOUT AN HOURS SINCE AMBULANCE IS STATIONED AT THE SPOT AND DENIED ENTRY TO RESCUE THE INJURED WOMAN. There are in total of 3 ladies injuries at this point of time. The developer Gary Ho, is leading the demolition team and he is with full police backup.There are no mercy here, they have given a 15mins for each house before the demolition.. This is so cruel, pakatan rakyat is a cruel and non-Human rights state government, they only torchure the people in this state said Mr.Maniam, a resident of this wonderful state!

GREAT NEW IS, NOT EVEN ONE DAP OR ANY OF THE PAKATAN RAKYAT ADUNS AND MPS ARE HERE AND REFUSED TO ANSWER ANY CALLS FROM BUAH PALA RESIDENTS.

LIVE: Bulldozers in Kg Buah Pala - Anil Netto

1324: The Koperasi’s blog says it does not agree to the proposal for the double-storey houses offered as compensation to be built on their land. The cooperative is believed to be holding a general meeting soon. The developer’s action today may be seen in that light – to show they are doing something about the project.

1312: The court bailiff stands on one of the bulldozers to address the crowd. But the shouting of the crowd drowns out whatever he has to say.

The bulldozers, facing the crowd, rev up their engines, but the crowd of villagers shout back, “Tutup enjin! Tutup engine!” A standoff ensues.

1241: The villagers’ lawyer, Darshan Singh, arrives, clutching some documents. He wants to meet the court bailiff, who is holed up with the developer in the village house they are using as a base. But police are blocking Darshan’s way, amidst shouts and chants from the crowd.

The OCPD has arrived and is now believed to be inside the mobile police base a short distance away.

1215: The stand-off between the villagers and the demolition team at the foothill continues.

The deadlines for the three houses were given more than half an hour ago. Police are taking up positions outside the three houses.

1207: It looks as if three houses have been targeted for demolition today. A 30-minute deadline has been given.

1202: About 200 villagers have gathered outside the house which the developer is using. Some of them have brought cow dung. Police are guarding the house.

1149: The developer appears to be using the house across the road from the open-air enclosure for cows as a base. A couple of villagers are also believed to be inside the house.

The developer walks to the house next to it and another house after that to talk to the occupants, but the villagers are resisting.

1132: Villagers are scrambling to the foothill as contractors emerge. A standoff ensues.

Meanwhile, more panic as villagers believe that contractors are coming from the top of the slope. The police inform an activist that they are not contractors but the court bailiff among others.

Two or three women are believed to have fainted. They are stretchered away through the barricades as the ambulance is not allowed in. The villagers ask why police cars are allowed in but not the ambulance, according to a source at the scene.

Villagers are trying to contact several DAP and PKR reps in the state government, but no one seems to be picking up their phones.

1058: One woman in her fifties has fainted and is now lying on a table. The older folks in the village look tired and weary. Another woman, Mahadevi, 51, who had just undergone a spinal operation recently, has been shoved.

The developer, lawyers and others are in one of the houses. TNB personnel are also believed to be at the scene.

1046: Some of the villagers say that the bailiff has given them 15 minutes to leave, according to one source. A lot of shouting going on.

Another source reports the same thing, adding that the villagers are chanting, “Hidup Kampung Buah Pala! Samseng keluar!”

1029: A court bailiff sticks a demolition order on one of the houses.

A commotion breaks out as village reps point out any action today would be in contempt of court as the Federal Court is due to hear their application for revision on 18 August.

The developer’s contractors are still around. Some reporters re-enter the village.

1008: The demolition team march into the village followed by the two bulldozers. A crowd of chanting villagers goes up close and eyeballs them. A police barricade separates the two sides. About a hundred Light Strike Force personnel are at the scene.

1003: The demolition team are moving in: about 200 people and two tractors or bulldozers.

0935: The situation appears tense in the village. Two bulldozers are believed to be around. Police continue to order out reporters and photographers, says an eye-witness at the scene. He believes some of the residents have confronted the demolition team at the Shell station and they may have dispersed (unable to verify that though). The entire area has now been blocked. As raindrops fall, it seems as if the heavens are weeping.

0929: People are milling around the second barricade. “Everyone seems to be just waiting,” reports a citizen journalist. One village family – husband, pregnant wife and two children – has left the scene. Lots of police personnel around. A tractor or bulldozer is inside the village, according to two different sources.

0920: About 200 police personnel, including riot police are now in the village. “They are coming,” one villager tells me, sounding upset. He said one of the villagers had spotted another group of men, believed to be the developers’ people, gathering at the Shell station along the main road.

A citizen journalist tries to enter the village but is unable to get past the second barricade.

0853: The police have asked reporters and photographers inside the village to move outside the road blocks that have been set up at the entrance to the village. About 50 villagers have gathered inside and some 50 police personnel are also present, according to an eye-witness.

0750: Police on motorbikes have been seen checking out Kg Buah Pala. The residents have been on tenterhooks since last night amidst speculation that something could happen today.

Kg Buah Pala: Developer moves in

The Star, Aug 13 2009 10:02 am -- GEORGE TOWN: Police have cordoned off the entire Kampung Puah Bala as the deadline for the residents to move out ends Thursday. Bulldozers have been put on standby to move in to demolish the houses after most of the residents failed to take up the offer of a doube-storey house. The situation is described as tense.

A small contribution to the Community and a Warning to the Foul Players, No matter who you are!

-By Conscious and Unconscious...

Rwindraj...

Live from Kg.Buah Pala 12.23am Aug 13th 2009

I reached Kg.Buah Pala at about 2120hrs, the condition here is not as potrayed

the national medias, things here are in tense and the residents are suffering everyday, even now at 2344hrs, the residents are sitting at the tent set up here to discuss on this matter and worried on what will happen to them in the next morning, everyone is threatening them, playing with their feelings and treat them badly without understanding their feelings.


There is almost hopeless to trust the politicians here, I m very dissapointed with Lim Guan Eng and Prof.Ramasamy on this incident, what is business compare to the people that has trusted you and voted for you believing that they will be taken care and protected by the Assemblyman, Adun Saniswaran Nethaji Rayer is in his last moment enjoying his seat for the last time in politics, he will be no one in the next GE in this constituition.


He never cared and did anything to save the village and the villagers, All the statements given previously was based on political motive only. If at this moment, any political party or organisation saves Kg.Buah Pala, then the vote of the residents, their relatives and their friends will be for that party or organisation! The resident is in the desperate moment to save the Village, only I and the residents can feel the moments here, To all the bloggers and Reporters out there, please do not write anything unneccessarily without knowing what is the actual scenario here.


The promisses made by the Developer, contractor, state government are all lies and nothing is assured and promised to the villagers! The news in the medias are all baseless, the residents here are frustratred but strong in protecting the village, the news that says that they are not united is also baseless, they are still united and strong to protect the village and their rights! Finally, this is not the land of the state government!


This is the land presented to them by honorable British man and the family, Brown Family for their hardwork and contribution in developing this land to be a productive one..

Conscious and Unconscious,

Rwindraj @ Cryingvoices

Torchure and Suffering of a Resident in High Chaparral!

C.Tharmaraj, A resident from Kg.Buah Pala is in utmost presurre from the games played by everyone around them, Developer, state government, and the politicians, He is father of 4 kids aged 10,11 and 1 year old. another child is in the womb! Three of kids are having Fever and the wife is weak with fever too.

Apart from taking the task as a committe secretary to save Kg.Buah Pala, he is suffering with the pressure and stress given to him. Can u imagine on what kind of pressure he has to go through? By morning he doesnt know whom to concentrate, kids? wife? or their home... This is the cruel situation in Kg.Buah Pala and the pressure suffered by its residents! Imagine People... this is the cruel moment for a happily lived Villagers in the Historical Place!

Wednesday, August 12, 2009

Kampung Buah Pala - Nusmetro to give 15 houses

Reserve land near Kg Buah Pala: Another option - Anil Netto

Uninhabited land next to Kampung Buah Pala which could be turned into an eco-village – Photos by Anil

The worried Buah Pala village folk are at a loss over what to do. Few outside the village seem to understand them. They have been labelled as greedy and demanding after being offered 24 two-storey terrace houses – which they feel is not enough as there are about 40 families in the village.

One lanky village youth keeping watch, a walkie-talkie attached to his waist, told me his household has 12 members. “How are we to fit into a terrace house?”

Villagers say a strip of uninhabited state land lies adjacent to the village. A villager pointed out to me where the land stood. I ambled down the slope, past the enclosure of grazing cows on the right and found an open space, filled with undergrowth along a fairly long monsoon drain. I ventured in cautiously – the strip seemed to extend deep inside, and it appeared wide enough for houses to be built. This was probably the 2.4 acres of state reserve land a few had been talking about.

As I trekked inside, I thought this could be turned into a model eco-village where residents could be encouraged to pursue projects that promote sustainable development and self-sufficiency.

If, for whatever reason, the state is unwilling to pursue the land scam angle to try and nullify the deal or reacquire the land (despite several MACC reports), why is it baulking at pressing the developer to provide more houses or using the state reserve land or the nearest available space? It is not as if there is not enough land around to relocate the village in the vicinity as an eco-friendly ‘kampung tersusun‘ or to provide additional housing if the developer is unwilling to provide more than 24 houses.

The Pakatan Rakyat government in Penang was voted in to do things differently from the BN. This would be as good an occasion as any to show that they are really different and more committed to marginalised communities.

Tuesday, August 11, 2009

Monday, August 10, 2009

'Don't blackmail Kg Buah Pala residents' - Malaysiakini

The Penang government has been accused of blackmailing Kampung Buah Pala residents by issuing a 'take it or leave it' ultimatum over an offer of double-storey houses as compensation for vacating the site of their village.

Hindu Rights Action Force (Hindraf) chairperson P Waythamoorthy said he is appalled with Chief Minister Lim Guan Eng for having issued his statement without righting the wrongs of the land transaction that have led to the impasse.“It seems so simple for Lim to give an ultimatum and blackmail the rightful owners of the land. If he is not sanctioning fraud, then he should acquire the land and return it to the villagers (instead of) making a deal to shortchange them,” Waythamoorthy said in a statement.

“It is a shame that the state government has been gloating about the offer which is nothing more than DAP's endorsement of a fraudulent transaction started by Barisan Nasional.”Developer Nusmetro Venture (P) Sdn Bhd withdrew the offer when the noon deadline last Friday expired. The residents rejected the offer because it came with “unacceptable conditions”
attached.

However, the state government has struck a deal with the developer not to demolish the village pending the Aug 18 court hearing on an application filed by the residents over the land transaction.Waythamoothy said Lim has not been pro-active in nullifying the “fraudulent transaction”.

“Lim knew about it before the (last general) election but instead of using his power as chief minister ( investigate it), he endorsed the transaction,” he said.“There are many legal avenues available for him to (start investigations). It's just another political game (for him).

The residents seem insignificant to him compared to the capitalist developer.”He pointed out that Section 340(2) of the National Land Code states that the title or interest of any person or body shall not be indefeasible:

in any case of fraud or misrepresentation to which the person or body, or any agent of the person or body, was a party or privy;or where registration was obtained by forgery, or by means of an insufficient or void instrument; or where the title or interest was unlawfully acquired by the person or body in the purported exercise of any power or authority conferred by any written law.

'Reveal efforts'Waythamoorthy challenged Lim to reveal his efforts to nullify the land transfer, rather than claim to be a victim of actions of the previous Gerakan-led state government.“He has demonstrated inaction and inability to initiate action - is this the example Lim wants to set for the people and his government?”Lim has already explained that his government's hands are tied because of a Federal Court ruling that the land belongs to the Penang Government Officers Cooperative Society.

He also said it would be too costly for his government to acquire the land from the cooperative society and the developer.Lim has declassified files relating to the land sale and pointed fingers at the previous state government of robbing "the residents of their land without consulting them"."So far (former CM) Koh Tsu Koon (right) has not explained why he approved this project without consulting the residents or selling it to the cooperative society at such a low price. (So) why is this aggression targeted against the Pakatan government that is trying to help (the residents)?

”Lim claimed that "a group of opportunists" who were not aware of the full picture has worsened the situation.Some 300 Indian Malaysians live in Kampung Buah Pala in Bukit Gelugor, Penang. They have been appealing to the authorities since late June to save their village, the only remaining Tamil traditional village in the state.

Uthaya to Lim Guan Eng - Kampung Buah Pala

Batu Kawan to kick start HRP's Indian agenda - Malaysiakini

Newly formed Human Rights Party (HRP) as set Merdeka eve to launch its nationwide 'Indian Political Empowerment Plan' (IPEP) campaign at a Hindu temple in the DAP-held Batu Kawan parliamentary constituency in Penang.

Its leader P Uthayakumar announced this at a Kampung Buah Pala rally at Bukit Gelugor attended by some 250 people last night.

He explained that the empowerment plan was to transfer marginal Indian voters from various constituencies in the country to certain earmarked constituencies with a sizeable Indian electorate.

He said the move can create at least 15 Indian-majority seats in the country with at least a 60 per cent voter majority in each constituency.

With such a majority, he believes that Indians should be able to dominate and control at least 45 state seats nationwide.

"By having Indian-majority seats, Malaysian Indians can be politically stronger.

Can demand safeguards

"They could demand that both federal and state governments safeguard and enhance their political and socio-economic rights, interests and benefits," he told newsmen later.

He cited political weakness as a major reason for Indians being marginalised, isolated, sidelined and neglected where mainstream development in the country is concerned.

Though Indians formed bulk of decisive votes in an estimated 50 out of the country's 222 parliamentary constituencies, they are not in the majority in any seat.

Batu Kawan has been picked as an ideal constituency given that Indians make up 22.4 per cent of its 47,602 registered voters, according to last year's electoral roll.

The constituency consists of Prai, Bukit Tengah and Bukit Tambun state seats.

Current Batu Kawan Member of Parliamen is Penang Deputy Chief Minister 2 P Ramasamy, who is also Prai assemblyperson.

Nationwide campaign plan

According to the 2008 electoral roll, Indians comprised 35.8 per cent of Prai's 14, 108 voters, 17.5 per cent of Bukit Tengah's 14,790 voters and 16 per cent of Bukit Tambun's 17,704 voters.

PKR's Ong Win Chen is currently Bukit Tengah assemblyperson while state executive councillor Law Choo Kiang represents Bukit Tambun.

Following the Batu Kawan launch, Uthayakumar plans to expand his campaign to other similar constituencies across the country to execute his strategy.

Kedah's Padang Serai, Sungai Siput, Perak's Ipoh Barat, Bagan Datoh in Perak, and Selangor' Kuala Selangor, Hulu Selangor and Klang are among the other federal seats that have been earmarked.

No tears if plan fails


Supporters of HRP and Hindu Rights Action Force (Hindraf) will be mobilised to carry out the nationwide campaign

Through Indian majority seats, Uthayakumar said the community can elect dedicated representatives to fight for their cause and vote them out if they fail.

"Indian majority seats will pose a political threat to the authorities as well," he said.

However, Uthayakumar noted that HRP would need strong Indian public support to succeed in its plan.

He said he will not weep if the Indian community is uninterested in his campaign. "As a community leader, I am offering a plan to empower them.

"But I won't be in despair if they are not keen."I am not a desperate politician," he said.

Nusmetro Proposal Illegal

Kg Buah Pala: That RM3.5 million figure...

By Anil Netto,

The Kg Buah Pala villagers have been portrayed as greedy, demanding, and unreasonable. This is partly due to the mixed signals coming from the committee, the seemingly conflicting statements and misrepresentations of those speaking on their behalf including those with vested interests and even those in the state government.

Guan Eng even claimed – incorrectly as it turned out – the villagers want RM3.5 million bungalows or compensation. Where did he get that from? But the damage is already done as it all over the media.

As a result of such statements in the media by those intent on portraying the villagers as greedy – and the village committee’s own public relations blunders along with outsiders taking advantage – public opinion may have swayed against the villagers.

I have been to the village a few times, and I have never heard of a demand for RM3.5 million bungalows or any similar demand.

I did see the RM3.5 million figure mentioned once, in one of the handouts given. But look at the context: that was when the residents were reacting to accusations that they were greedy. They retorted that the real greedy parties were those who were coveting their respective property lots, some of which they claimed could be worth an average of RM3.5 million. That’s quite different from asking for compensation of RM3.5 million or demanding a RM3.5 million bungalow.

I contacted Sugumaran, the residents’ committee chairperson, for comment and he said the claim that the villagers wanted RM3.5 million bungalows is baseless. “They are just using that figure to turn public opinion against the villagers and to portray the villagers as unreasonable,” he lamented.

Few have actually walked in their shoes and lived in the village to experience what life is like for them. It’s a different life-style closer to nature than what most city folk can understand – and I don’t claim to fully understand it either. Only the villagers know their real situation and what they really need to continue living in dignity, if and when they are wrenched apart not only from their homes but their land, their livelihoods and their community.

Sunday, August 9, 2009

Kg Buah Pala breaks deadline to accept offer

The Sun
Himanshu Bhatt and Bernard Cheah

GEORGE TOWN (Aug 7, 2009): The noon deadline for Kampung Buah Pala residents to submit their agreements for alternative housing passed today, with most villagers not responding due to anxiety and suspicions over conditions imposed.

Residents association chairman, M Sugumaran, told reporters the villagers were being put under pressure to agree to the proposal, and the state government and developer had given them an unrealistically short deadline.

He pointed out that the conditions imposed included a clause that the housing offer would be void if the project was disapproved by the authorities in the future, effectively leaving the villagers in a lurch.

"Would you buy a property with this kind of condition?" he asked at a press conference at the village here.

He also questioned a clause that required the residents to withdraw all legal actions they had taken regarding the land.

Villagers’ spokesperson A Thiruvenggadam said the offer of terrace housing as "ex gratia" for the villagers to move out was not legal.

He pointed out that the land title itself stipulated it "cannot be transferred, mortgaged, pawned, sub-let or used as a business instrument without written approval from the state authority."

The title was issued on March 27, 2008, about two weeks after the Pakatan Rakyat took power as the state government.

Thiru Venggadam said it was therefore not legal for the new title-holder, the ‘Penang Government Officers’ Cooperative’ (Koperasi Pegawai Kerajaan Pulau Pinang), to have undertaken a commercial joint-venture agreement with developer Nusmetro Ventures (P) Sdn Bhd.

He also questioned Nusmetro’s move to sign sale and purchase agreements with buyers of yet-to-be-built units in the proposed condominium project there – even before the land title had been issued.

Thiruvenggadam also stressed that Section 320 of the National Land Code allows a land title to be cancelled by the state if fraud is proven in any land transaction.

He stressed that three reports had been lodged with the Malaysian Anti-Corruption Commission (MACC) by state personnel.

Thus far, nobody knew about any development from the MACC investigations, if any had been initiated at all, he added.

"If the outcome of the investigation confirms a fraud in the land transaction, then the state can cancel the land title issued to the Cooperative," he said.

"If the fraud is proven, and the state was to use the above section, the Kampung Buah Pala land would become state land again."

He noted that PR leaders, including Deputy Chief Minister (II) Prof Dr P Ramasamy, Bukit Gelugor MP Karpal Singh, Sri Delima assemblyman RSN Rayer, and PKR adviser and Permatang Pauh MP Datuk Seri Anwar Ibrahim had promised that the land would be saved for the villagers.

Meanwhile, Chief Minister Lim Guan Eng urged the residents to accept the offer so as to "move forward".

He called the offer "the best deal in Malaysian history", and said he felt the residents were losing public support.

"If they continue to make unreasonable demands, they will finally be a loser. There are (several quarters) who offer to demonstrate or file a court case everyday, but will these get you a house with legally bidding title?" he asked.

Lim added that there were people who were trying to take advantage of the situation, and keen to see the demolition of the village to undermine the Pakatan Rakyat.

He said the details of the offer can be discussed later once the villagers had agreed in principle.

"We want you to adopt in principal first, then we will work out the details later - including the time to move out. We can talk to the developer to give some time and leeway for the people before the eviction," he said.

Lim told reporters this after officiating the Pikom Regional Chapter Seminar at Traders Hotel today (7 Aug 2009)

Guan Eng washes his hands off Buah Pala after residents reject homes

By The Malaysian Insider,

GEORGETOWN, Aug 8 – Penang Chief Minister Lim Guan Eng said today he would have no further meetings with the residents of Kampung Buah Pala after they rejected an offer of a double-storey terrace house for each family.

He said the demand by residents for compensation of RM3.5 million each instead of the double-storey house negotiated by the states was unacceptable.

“Perhaps the residents should ask around to see if Penangites would support their demand.

“We understand their predicament but there is only so much the government can do to help them,” he said today.

The Kampung Buah Pala issue has dogged Lim’s administration in recent weeks after the issue was turned into a racial dispute with Hindraf leaders accusing the state of helping to destroy what they claim was an Indian heritage area.

The controversy took a farcical turn with Hindraf recently saying it had made an appeal to Unesco to revoke Georgetown’s heritage city status for allowing Kampung Buah Pala – a settlement of cowherds – to be destroyed.

Kampong Buah Pala sits on former plantation land which the former colonial owners had given in trust to its former workers to live on when they left the state.

The British colonial government acted as trustees, but the land was signed away back to the state during independence, and the descendents of the original settlers had been allowed to stay on what had become temporary occupational license (TOL) land.

During the previous Barisan Nasional (BN) administration, the land was sold, and the current owners won a court decision recently to evict the villagers in order to develop high-rise apartments.

Lim said today that he believed the Penang public was angry at the latest development in the controversy since the villagers had rejected the offer from the developer.

“Don’t forget we’re trying to offer you a house.

“Now we even have people from Selangor speaking on behalf of the residents. Maybe they can fight for them and demand for a RM3.5mil house.

“Those outsiders, they have their own houses to go back to. Even some of the residents’ association members have other houses,” he said.

Commenting on the residents’ reasons for not accepting the offer, he explained that they appeared to be unhappy with a clause inserted in the proposed agreement which was meant to protect the rights of the developer.

The clause in question states that the agreement would be null and void if it could not obtain the state government’s approval to build the houses.

“If they want to build and the state government does not allow, they will then be sued by the residents.

“Do you think we will reject or revoke building plans for the 24 houses when we are the ones who found the formula to resolve the issue?” he said.