HIndraf Makkal Shakti

Saturday, August 15, 2009

Hindraf still a force for Indians, says Waytha - Malaysiakini

Hindu Rights Action Force (Hindraf) became a household name in Malaysian socio-political activism when it organised a mammoth rally in the heart of Kuala Lumpur.

Tens of thousands took part in the rally on Nov 25, 2007, which turned out to be biggest street protest by Malaysian Indians to demand for their rights.

The rally was a watershed moment for Indians in Malaysia. It changed the mindset of the ethnic Indian minority community in the country.

It shattered the community's hiterto, undivided loyalty and allegiance to the Umno-dominated Barisan Nasional coalition.

The arrests of P Uthayakumar, T Vasanthakumar and M Manoharan, V Ganabatirau and R Kengadharan under the Internal Security Act further alienated the community from the ruling coalition.

The Hindraf rally was instrumental in triggering the political tsunami of March 8, 2008 that dramatically changed the Malaysian political landscape.

Despite the Umno-led federal government's relentless efforts to break up Hindraf, the movement survived the turbulent period and is still going strong.

The current Kampung Buah Pala 'High Chaparral' crisis is testimony to Hindraf's resilience, relevance and prominence among Indians in the country.

Hindraf still calling the shots

The movement is perceived as the only Indian-based human rights group capable of standing up to the injustices meted out on the community. The government banned the movement in October last year, and its leaders detained without trial in Kamunting in late 2007.

How did Hindraf manged to stay relevant and continue to call the shots in the Malaysian socio-political scene?

It can be attributed to one man, P Waythamoorthy (above), the Hindraf chairperson who is under political asylum in London.

Waythamoorthy left the country on Nov 28, three days after the Nov 25 rally, first to India then to London.

His Malaysian passport was revoked by the Putrajaya administration in April 2008.

Contrary to rumours, Waythamoorthy is living a simple lifestyle and is dependent on financial support from his wife and contributions from well wishers in Malaysia and London

His cubical-sized rented room in London's suburbs is not one not to envied. He uses London's efficient rail transport service to travel and goes for the cheapest meals available at fast food outlets.

Waythamoorthy recently underwent surgeries for a peculiar heart condition.

He has recovered remarkably and is determined to continue his fight for the rights of Indians and the downtrodden back home.

Friday, August 14, 2009

Kg.Buah Pala 1Million USD each!

Basically there were no sensible offer made by Nusmetro or anyone! No cash money or in any term or value has been promised to the Villagers! as claimed by some party in the value of 500K or 200K... No such thing! First of all why must Nusmetro prepare an agreement for the villagers? Nusmetro is not the land owner and they are not the developer for the villagers since no one from this village has bought any properties from them!

Lets look at the Invalid agreement letter prepared for the villagers by Nusmetro Ventures (P) Sdn Bhd. A signed letter without a valid company stamp and Name signed under the name of Pengarah. Have anyone of you seen an agreement without a valid name and details on the signee and without legal stamp on any agreement letter?

Details on the agreement stated; Tuan Tanah (Land Owner) stated as Koperasi Pegawai Kerajaan Negeri Pulau Pinang Berhad joint venture with Nusmetro to develop Kg.Buah Pala and the land beneficial rights given by Penang State Government. Where was the so called Land Owner during the Demolition Riot on the 13.08.09?

Why were they not present at the scene? Only police and the developer's boss and the demolition team were present at the scene, do they has anything to do with the villagers?

In the agreement it is also stated that the agreement is based on Humanitarian and Ex-Gratia grounds. Only if : The Villagers clears the Land to give way to the development; and if they widraw all the Legal Actions taken against them; and there can't be any legal action taken against them or the project in the future! This is the trick and Trap!

No legal action can be taken against Nusmetro or anyone or anything relating the project and land! 2storey house to be build for each of the houses demolished in the village. The houses to be built on a ground decided by the developer (Nusmetro). Ok, lets discuss about this matter now, 2storey house? wooden house? box house? what material to be used to build the house? no detail has been stated in the agreement! How if the house is built with a plywood?and when will be the project completed? in 2years? 10years? 100years? which is not stated too, what will this villagers do for such a long time, renting in a place until the project is completed? Who will pay their rental? can they sue the developer in the court? No way!! because they have signed this agreement, and no legal action can be taken on any matter relating to this matter! can u see the trick here? What will be the quality and value of the house? It is not stated in the agreement too! Where will the house built? in Johor? Indonesia? or South Africa? because it is also not stated in the agrement about the location! Once the villagers sign this agreement they are bound to the rules that their house can be demolished at anytime, it could be right the next day after signing!

One more shocking fact in the agreement is, if in any case; the project is halted, stopped or any approval relating to this project is disapproved or unapproved; or if the state government or the Local Council or any related authorities, did not approve any matter relating to this project, the agreement is considered CANCELLED and INVALID! That means if this village has been demolished and the new project is stopped halfway or if there is any problem related to any problem from any authority or any formalities, then the dream of getting the 2storey house will be building castle in the air! Now Judge for yourself! Will you sign an agreement that sounds exactly like what I explained? Are these people in Kg.Buah Pala making any ridiculous demands? Who is paying them 200K? 500K? ask them to come forward and meet me or any of the villagers, we will be happy!

Rwindraj@Cryingvoices!

Live from Kg.Buah Pala!

High Tension at High Chaparral 13/08/09

Agreement of Buah Pala from Nusmetro

Agreement of Buah Pala

Case of a severe land malady

By Gunasegaram (The Star)

The cheap sale of the ‘High Chaparral’ is a clear example of how land is very questionably alienated to the detriment of those occupying them.

AT THE time of writing, the bulldozers were standing ready to demolish the over-150-year-old Kampung Buah Pala residential area which is occupied by descendents of Indian indentured labourers, who, among other things, graze cattle there.

The 40-odd families are making a last-ditch stand against the developers Numestro Venture (P) Sdn Bhd who are in joint venture with landowners Koperasi Pegawai Kerajaan Pulau Pinang.

The train of events indicates a sorry tale of unfair deprivation of their land through questionable means although many, including Chief Minister Lim Guan Eng, dismiss the residents as a mercenary lot holding out for higher prices.

That no one, including the new Penang state government, whose members promised to stop the development if they came to power, could do anything to help the residents is a real pity and reflects poorly on the processes by which land is alienated and allocated in our country.

Kampung Buah Pala raises a series of questions the answers to which will pin the blame squarely on those responsible, establish clearly whether there was a breach of law and by whom, and lead to a more equitable solution which will take into account the fact that the current residents can trace their ancestry on the land back to at least five generations.

It is useful to trace the events that led to this standoff. We have depended on press reports. In 2004 and 2005, the Penang state executive council then approved the sale of the 2ha-plus land at a premium of RM20 a sq ft or RM6.42mil to the Penang government officers’ cooperative.

This was halved to RM10 per sq ft or RM3.21mil in 2007. The current value of the land is estimated at as much as RM40mil, over a dozen times the price the state government got. This implies that the land was allocated at a tiny fraction of the market value.

Question 1: Why was it allocated so cheaply and who was responsible?

Apparently, the cooperative entered into a joint-venture with Nusmetro to develop the land into high-end luxury condominiums.

The villagers, who trace their ancestry on the land back 150-200 years then sued the cooperative and the developers, claiming that they were given the right to stay there. Their ancestors were indentured labourers brought in by the East India Company to work for the Brown Estate.

The owner and employer, Helen Margaret Brown, settled them in separate plots of land with space to rear cows and goats, and to plant fruit trees and the land became categorised as a housing trust, the villagers maintained.

Question 2: Why were the villagers not offered the right to purchase the land at the same price the cooperative paid when it is beyond dispute that the villagers and their ancestors have stayed in the same area for 150-200 years?

The villagers were not so lucky when they took their case to court. Initially, the High Court ruled in their favour last year but in May it was overturned by the Court of Appeal. They took their case to the Federal Court but lost it in June.

They have now applied for a revision of the Federal Court judgment that ruled against them and the application is fixed for mention on Aug 18, according to press reports.

Records at the Companies Commission indicate that Nusmetro is a dormant company with an issued capital of a mere RM250,000. It is in turn majority-owned by a company called Asia Link-Up (240,000 of the 250,000 shares), another dormant company.

Question 3: Why is the Penang government officers’ cooperative going into joint venture to build high-end condominiums with companies which clearly have no ability to do so? Who is responsible for this?

Residents are now questioning the Penang state government’s failure to invoke Section 116 (d) of the National Land Code although the state government said a month ago that it could stop any demolition attempt at Kampung Buah Pala.

According to the clause, any building on alienated land cannot be demolished without approval of the relevant authority.

Residents maintained that Chief Minister Lim had assured the residents that if the villagers rejected the offer, the state would file an application in court to invoke Section 116 (d).

Question 4: Why has the Penang state government not invoked Section 116 to protect the villagers?

Obviously, there are a lot of questions which demand answers and there is a great chance of impropriety indicating that the land could have been unfairly taken away from the villagers. Our courts have not shown themselves to be particularly sympathetic to aggrieved parties as indicated by this case and others.

Perhaps it is not in their power to investigate. However, a report has already been lodged with the Malaysian Anti-Corruption Agency (MACC). But so far, MACC has not approached the developer of the Kampung Buah Pala land for questioning although “graft reports over the land transaction were filed separately last month by Deputy Chief Minister (II) Dr P. Ramasamy and political secretary to the chief minister, Ng Wei Aik”, according to news reports.

“The MACC has not come to us for any investigation,” Nusmetro managing director Thomas Chan was quoted as having said when queried by reporters.

Question 5: When there is urgent public interest to be served and when the fate of over 40 families hangs in the balance, why has the MACC not investigated this case and urgently?

This is important because if it is established that the transfer of the land is fraudulent, then the transfer may not be valid.

Clearly, residents are getting the wrong end of the stick here, notwithstanding Lim’s attempt to negotiate a settlement for them, demanding that their lawyers not be present. That is a strange request for laymen to come to a complicated negotiation without the benefit of lawyers.

At the time of finishing this article, the bailiff ended the standoff by deferring it to the end of the month on humanitarian grounds and to avoid bloodshed. That’s wise, but still there is a crying need for a just solution.

No matter how the issue eventually ends, one thing is abundantly clear – there are many fishy deals on land and it is more than time we put a stop to all that.

Managing editor P. Gunasegaram says that land is a dwindling resource that the government must guard carefully, give to the right people and get a good price for.

Chronology of Buah Pala Land scam - Tamil

Part 1

Part 2

Part 3

Part 4

Thursday, August 13, 2009

Kampung Buah Pala - Bulldozers and barricade

Negotiation still on-going..

5.28pm Buah Pala.

The residents are now still at confusion on what's the next cause of action, Lawyer Darshan Singh is in the scene now and Police personel and the villagers are talking to the residents regarding the final agreement letter and the authorities are now persuading the residents to sign the final agreement paper!

5.31pm Buah Pala-Malaysiakini

After speaking to the villagers for about an hour, Lawyer Darshan told newsmen that the villagers would not sign the document.

"It's like hanging rope and a trap for the villagers.

"The document is legally seeking the villagers' own admission that the land was not theirs," he said.

Darshan has already lined up several cases to be filed on the behalf of the villagers.

Among the cases were an application to caveat the land by the residents, application for a stay of execution against demolition attempt by the developer and land owner.

Another application is to seek a court declaration that the state government shall allow the villagers to have legal representation in negotiations.

On Aug 18, the villagers' case for a review of the Federal Court decision on June 24 will be up for hearing.

Darshan also plans to file another application to review an earlier Court of Appeal decision on May 11 that ruled the villagers not having a locus standi to seek a full trial over the village land deals.

-Rwindraj@cryingvoices

LIVE: Kg Buah Pala demolition deferred!

Another dramatic day in Kg Buah Pala – Photos by C Khor

It's not over yet for Kg.buah Pala...

By Rwindraj - Cryingvoices.

I thought it has ended, and the villagers are free for another month but I was wrong, after the promises from the bailiff, there are yet another contract to be signed by the Villagers, the contract is rather complicated and not siding the villagers, it's like a trap for them, stated in the contract ;

1. The Villagers has been given until 1/9/09 to vacate their homes.

2. After the 1st of Sept 09, the villagers has no right or can't be an obstacle and has to co-operate with the developer before and during demolition.

3. On the 1st of Sept the Developer will be getting an execution order from the court to demolish the houses.

4. In any case if the villagers are not abiding by this agreement, the developer will demolishing this village without any further notices.

Do you think that we should sign this contract? Its merely a contract to trap the villagers, there is only one choice given to the villagers.. demolish now or later! and if they have signed the contract then the villagers are consenting the developer, court and everyone that they are leaving this place to allow the developer to demolish without any complications. The person who has signed this contract is the Makkal Sakthi Political party 3 representatives including its leader Thanenthiran! I dont know why they want to sign such paper! something is wrong here...

2 of the villagers representatives and the reps from the developer were there on the discussion of the postponement of the demolition decision, some sources says that they have been given exactly one month from today and some said that they has time until 31/august 2009. We are still waiting for the final desicion and say from the villagers! Villagers reps are still negotiating with the bailiff regarding the contract, hope all will be on the side and advantage of the villagers!

Rwindraj..@cryingvoices

Resilient villagers stop bulldozers in their tracks - Malaysiakini

This morning, bulldozers had rumbled into Kampung Buah Pala. With their engines firing, the mechanical monsters were all set to devour the houses standing on a bitterly disputed piece of land.

However, the machines, scores of workers and policemen faced a major hurdle - angry villagers who were determined to save their homes.

Women and children had joined the menfolk to form a human barricade, to prevent the sledgehammer-armed workers from putting their tools to work.

At one point, a melee erupted between the villagers and members of the police's Light Strike Force (LSF) unit, who attempted to plough through the barricade.

It was alleged that several villagers were hurt during the commotion.

M Mahadevi, 51, was said to have been hit with batons, resulting in her sustaining injuries to her stomach. She was later taken in an ambulance to the Lam Wah Eee private hospital for treatment.

Another villager, S Kamini, 18, claimed that she and her 50-year-old mother were assaulted by the police personnel.

P Pathma (left), 44, alleged that she was hit by a baton (seen in photo) flung at her direction.

Villager M Salligan, 58, also alleged that he was 'beaten up' by police personnel. According to him, at least 10 villagers were hurt.

Kampung Buah Pala association assistant secretary C Tharmaraj accused the police of 'resorting to violence' to disperse the villagers.

Police chief: It's all rumours

Contacted later, George Town police chief Azam Abd Hamid denied that the police had assaulted the villagers and accused them of spreading rumours.

He denied giving any orders to employ force and called on the villagers who claimed to have been assaulted to file police reports.

Earlier in the morning, some 50 demolition workers had attempted to enter the village through the back entrance, but were spotted by the villagers and driven away.

It was also reported that the villagers had a ready stockpile of cow dung, which was supposed to be used to pelt the workers with.

The police had also stopped the media from entering the village, but some journalists have managed to slip through.

At present, negotiations are underway between the developer and the villagers. Sources claimed that the demolition could be postponed until the end of the month.

Consumer Association of Penang (CAP) officer NV Subarrow told Malaysiakini that all DAP legislators had (allegedly) switched off their mobile phones.

"I have tried to contact almost all DAP elected representatives to inform them about the demolition, but could not reach them," he said.

In the morning, police escorted court bailiffs and developer Nusmetro Sdn Bhd director Gary Ho to paste a court demolition order at a house.

At about 12.45pm, the villagers' lawyer Darshan Singh Khaira arrived at the scene but was stopped by the police.

Using a loud hailer, the lawyer told villagers that the demolition would be the 'graveyard' for the DAP government in Penang.

Kg Buah Pala: Penang CM urged not to mislead the public on issue of compensation

Some say that the demands of the residents are unreasonable and overly excessive. And that the offer of a landed property by the PR state government is too generous and sets a dangerous precedent in the state, especially when no BN or any state government has done so – Press statement by Penang State government

The state government has claimed that by offering the villagers a landed property in the shape of 1200 sq feet double storey terrace houses, it has set a dangerous precedence & it has not been done before.
But it must be pointed out that the villagers in 10 kongsi & other places in Sg Ara had been given compensation of 4000 sq feet double storey detach houses for each family way back before 2004.
How can the present state government especially the CM claimed that they are setting a dangerous precedence & never before the landed property has been offered to any villager when the truth is as clear as the day light?
The villagers in Sg Ara who are part of the employees of the same Brown estate & stayed on the lands were given a better deal than those in Kg Buah Pala even though the lands in Sg Ara had the similar strait settlement land grant as given to the villagers of Kg Buah Pala.
Are the CM history blind or are they trying to mislead the people of Penang in order to be seen as the people’s heroes or are they just lying through their teeth?
Even though we are supporting the Pakatan Rakyat but we cannot go around spreading outright lies or even half truth. If we do not stop it now, it will be a one term wonder for the current state government. Ubah sebelum parah!

Taman Desa Ria was developed by Palmex & the developer offered the 4000 sq feet double storey houses to the affected villagers that form part of the new Sg Ara township.

At Taman Desa Ara, the villagers were offered wih the same size house for each family, why did the LGE government claimed that they have set a dangerous precedence?

————————————————————–
Press statement by Penang State Government on the compensation offered to the Kg Buah Pala villagers:

The Offer Of Double-Storey Terrace House With 99 Years Lease To Residents Is A Successful Effort By The State Government To Gain Recognition For Kampung Buah Pala Residents To Remain As Legal Rightful Landowners.
The Penang State EXCO unanimously endorses the â€œwin-winâ€ formula worked out by the Chief Minister Lim Guan Eng, Deputy Chief Minister 1 Mansor Othman and Deputy Chief Minister 2 Professor P. Ramasamy to resolve the Kampung Buah Pala issue. Despite the developer and the landowner of Kampung Buah Pala possessing the eviction and demolition order granted by the Federal Court, they have acceded to the request of the PR state government not to implement it on 4.8.2009 but to defer until Friday.

The developer has agreed to the state governmentâ€™s request to share a portion of their land with the residents by offering a 1,200 sq ft double-storey terrace house with a built-up area of 1,400 sq ft and a 99 year lease.
Some say that the demands of the residents are unreasonable and overly excessive. And that the offer of a landed property by the PR state government is too generous and sets a dangerous precedent in the state, especially when no BN or any state government has done so. However there are special circumstances for Kampung Buah Pala in that they were allowed by the original landowner to live there during the British colonial days before the land reverted to the government.
Even BN and UMNO have conceded that the residents have been staying there over100 years. The BN state government under Tan Sri Dr Koh Tsu Koon had alienated their land twice to Koperasi Pegawai Kerajaan Pulau Pinang in EXCO meetings on 18.8.2004 and 8.6.2005 without consulting the residents. Worse the land was alienated by BN at a ridiculously low land premium of RM 10 per square feet. After losing their land which was â€œrobbedâ€ from them by BN, the BN land robbers treated them as illegal squatters with no rights to own their land.
The offer of a double-storey terrace house with 99 years lease to the residents is a successful effort by the PR state government to gain recognition for Kampung Buah Pala residents to remain as legal rightful landowners and not as illegal squatters.
The actions of one or two residents together with outsiders with their own agenda of undermining the Penang Pakatan Rakyat government only deepen suspicions that they do not want to see a solution but want the demolition of all houses to be carried out so that it can be used against Pakatan Rakyat. For the one or two residents together with outsiders who have houses, it is easy to demand everything when they have a house to go back to after Kampung Buah Pala is demolished.
The Penang PR state government urges the residents to seriously consider and accept this final solution that will allow them to remain in the land and receive a double-storey terrace landed property. If they agree in principle, then all the other details can be worked out by the PR state government, which has been sincerely helping the residents despite being unjustly blamed and criticised for an injustice committed by BN. Kampung Buah Pala residents should move on by considering the win-win formula of legally owning a 99 year leased land with double-storey terrace house.
PROFESSOR P RAMASAMY

Taking Advantage of Buah

Buah Pala drama that has been going on since 8am, has finally came to the climax, but not ended yet, Bailiff has postponed the demolition to another month from today! That was the unofficially news we got for now, although the postponment has been announced, the delevoper's gangsters are still at the position, so the villagers are still at their positions too. They are alert still waiting for any unwanted things or it could be a false alarm!

A well known advantage taking Indian so called politician is here with his new party called Makkal Sakthi. At the last minute and trying to win peoples heart by claiming he is the one made the bailiff to postponed the demolition process till another month, I find this news is the most interesting one throughout the strugle. Dont believe anyone, the only person was there for the villagers are the villagers themself and not from outside influences! They struggled since morning with all the baton and pushes and got their minor winning today! Bravo High Chaparral residents!!

Rwindraj@ Cryingvoices..