PENANG, Aug 7 — Kampung Buah Pala residents have rejected developer Nusmetro Ventures (P) Sdn Bhd’s offer to compensate each of the house demolished with a double-storey terrace house. The residents also insisted that they would not vacate their home although the deadline for them to do so is midnight tonight.
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
Friday, August 7, 2009
Buah Pala villagers reject Nusmetro’s offer - Anil netto
1300: Kampung Buah Pala residents have rejected the offer by Nusmetro, according to a contact at the scene.
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.
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
Anguish etches the face of Muniammah, 75, at the front door of her home, as she stares out at an uncertain future. – Photo by Anil
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
HINDRAF is appalled by LGE’s continues political drama to see thruinjustice for the residents in Kg Buah Pala. Although, he claims andacknowledges that there was fraudulent transaction, yet he blackmailsthe residents by producing a building plan with unreasonableconditions on August 6, 2009 to comply with it within one day forfamilies that has lived on or about 200 years in the same land.
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
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
By Harris Ibrahim,
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.
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
5 hb August 2009
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.
Street protests: It's all your fault, gov't told - Malaysiakini
The umbrella body for trade unions today threw its weight behind street demonstrations by stating that the government was never interested in any forms of feedbacks given by the civil societies.
Malaysian Trades Union Congress secretary-general G Rajasekaran said that the government "always ignored memorandums and proposals submitted by civil society groups".
He added that it was this failure by the government which had prompted the people to resort to street demonstrations.
He was referring to the anti-ISA march which attracted almost 30,000 people last Saturday. The march was broken forcibly by the police with tear gas and water cannons. More than 500 people, including juveniles, were arrested.
"There is no justification for the government to use brute force against peaceful demonstrators," said Rajasekaran in a statement today.
"The whole world witnessed that the march against the dreaded Internal Security Act remained orderly and peaceful until the police intervened with water cannon and tear gas," he added.
He said that the government had failed to understand that the protesters' aim was to submit their concerns against the ISA to the King.
The unionist said that Prime Minister Najib Abdul Razak must take note that civil society groups have made known their resentment and reasoning for opposing the ISA on various occasions.
"In the last 50 years, series of forums and assemblies have debated the abuses of the ISA. Unfortunately nothing has changed.
"It is now a well known fact that government always ignored memorandums and proposals submitted by civil society groups," he added.
The four memorandums were on Privatization of water distribution on Jan 24, 2006, on the impact of increase of Petroleum products on March 27, 2006, on the minimum wage on June 18, 2007 and on the restrictive labour legislations on May 5, 2008.
"Not only Prime Minister Abdullah failed to meet with MTUC leaders, he even failed to acknowledge any of the communications forwarded to him.
"By this he proved that all his slogans were just that - mere slogans. He never believed in any of them," he said.
He added that while it was true that it was the government's responsibility to maintain public order, this should not be used as an excuse to ban peaceful assemblies when all other efforts have failed.
Malaysian Trades Union Congress secretary-general G Rajasekaran said that the government "always ignored memorandums and proposals submitted by civil society groups".
He added that it was this failure by the government which had prompted the people to resort to street demonstrations.
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"There is no justification for the government to use brute force against peaceful demonstrators," said Rajasekaran in a statement today.
"The whole world witnessed that the march against the dreaded Internal Security Act remained orderly and peaceful until the police intervened with water cannon and tear gas," he added.
He said that the government had failed to understand that the protesters' aim was to submit their concerns against the ISA to the King.
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"In the last 50 years, series of forums and assemblies have debated the abuses of the ISA. Unfortunately nothing has changed.
"It is now a well known fact that government always ignored memorandums and proposals submitted by civil society groups," he added.
Abdullah only as good as his slogans
He said that MTUC had bad experience with the former prime minister Abdullah Ahmad Badawi over his attitude and approach to memorandums submitted to him calling on reforms.
He said Abdullah had continuously sidelined the MTUC and ignored the needs of seven millions workers in the private sector since assuming his office in October 2003.
"During his entire five years and five months rein he never met MTUC leaders, he ignored repeated reminders," he said.
Rajasekaran added that the MTUC had submitted four memorandums to Abdullah since November 2003 but saw no response from the government.
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"Not only Prime Minister Abdullah failed to meet with MTUC leaders, he even failed to acknowledge any of the communications forwarded to him.
"By this he proved that all his slogans were just that - mere slogans. He never believed in any of them," he said.
He added that while it was true that it was the government's responsibility to maintain public order, this should not be used as an excuse to ban peaceful assemblies when all other efforts have failed.
Wednesday, August 5, 2009
Kg Buah Pala: The controversial deal - Anil Netto
Here’s an article that should be essential reading in understanding the background to the Kg Buah Pala issue.
In particular, how did Penang state government sell the land to the Koperasi when the trusteeship is believed to have passed to the Federal Government?
Can you sell something that you don’t own?
How could the Penang state government under the BN sell the Kampong Buah Pala land when “the available evidence seemed to show that the land is still vested in the Federal Lands Commissioner”, wonders a bewildered P Ramakrishnan.
Negative elements - greed, corruption, abuse of power and judicial indifference - have conspired to wipe out part of Penang’s history and destroy its heritage.
History and heritage are assets of a nation and they should be preserved for posterity. All civilised nations take pride in their history and heritage and accord them the rightful place in honouring these assets.
But we in Malaysia do not attach as much affection and concern for our history and heritage. There was a time when we even considered getting rid of the Merdeka Stadium to make way for commercial projects.
Merdeka Stadium is best remembered as the place where our beloved first Prime Minister, Tunku Abdul Rahman, declared this nation’s independence. It represents so many memories and so much history but that meant nothing to human avarice. Thank God it did not take off but the point is we were even prepared to commit this sacrilege!
Then there was an attempt to shift the well-known St Michael’s Institution in Ipoh somewhere else just because it was in the middle of a fast growing township. But St Michael’s was there long before so-called development caught up with it. Thank God it did not take place!
But Bukit Bintang Girls’ School in Kuala Lumpur was not that fortunate. This famous school, which was a landmark in the history of our education, had produced so many brilliant students and leaders but that notable achievement did not spare it. It eventually lost to development and greed. It was demolished to make way for commercial purposes. Though the school was shifted elsewhere, they made sure that its history would not continue. They got rid of that famous name: BBGS. They did not even bother to retain the old name of the school to honour its history and contribution to our education.
I’m sure there are numerous other examples of indifference and sacrilege.
But the latest example to wipe out history and a legacy that goes back nearly 200 years and make way for greed and corruption is taking place in the Pearl of Orient: Penang’s version of High Chaparral is facing extinction within a matter of weeks.
How did the Penang govt acquire the land?
Much has been written about the history of this community that has been occupying this parcel of land which has been home to more than five generations of descendants. Therefore it is unnecessary to dwell on this.
What I’m interested in is how this land was acquired by the Penang Government Officers Cooperative – Koperasi Pegawai Kerajaan Pulau Pinang. How was the cooperative able to obtain this parcel of land below market value? Did the officers who were influential and closely linked to the Barisan Nasional Government and Umno just help themselves to it with the blessings of the Penang state government? After all it was Umno that was effectively running the government and who would have dared to question it or oppose whatever that was done by the Umno Exco Members?
Did the land actually belong to the Penang state for these officers to grab it on behalf of their cooperative?
According to legal circles, this land was under a trusteeship. But this trusteeship was dissolved by an Act of Parliament in 1976. When this took place, we are told, this parcel of land reverted to the federal government. The ownership of this land, it is believed, is still with the federal government.
It is a mystery why the BN government deprived these poor Kampung Buah Pala residents of their land by passing this Act of Parliament. The BN with its majority simply took over this land – nay, it just robbed them of their land.
There is no evidence that the Penang state government had ever paid a premium to buy back this land. There is no evidence when this land reverted back to the state of Penang. In all probability, the land is still vested in the Federal Lands Commissioner.
A repeat of the Nizar case
That being the case, how was this land transferred to the cooperative? There appears to be a fraudulent transfer of land which is a very serious matter. Why did the Court of Appeal and the Federal Court totally ignore this vital point when the residents turned to these courts for justice?
It is significant to note that the High Court Judge had ruled that the villagers and the residents of Kampong Buah Pala have a claim to this land.
In a well-argued judgment, Justice O’ Hara had clearly established that there are points to be tried before the courts and there are issues for the courts to weigh and consider before arriving at the truth as to the ownership of the land.
In upholding the decision of the Deputy Registrar (DR), Justice O’ Hara referred to the DR’s ruling, “There is no evidence before this court that the land in question had reverted back to the state under the operation of the old Article 84. The ownership of the land when it was purportedly alienated to the 2nd defendant - Koperasi Pegawai Kerajaan Negeri Pulau Pinang - is an important issue to be considered and for that reason I am not prepared to grant summary judgment as sought by the 2nd and 3rd defendants.”
The Court of Appeal totally ignored the valid points raised by the High Court and, without any legally established basis, ruled in favour of the defendants in setting aside the High Court ruling.
This decision seemed to be a repeat of Nizar’s case in which the High Court in a sound judgment had ruled that Nizar was the legitimate Menteri Besar of Perak at all material times. But the one-man Appeal Court set aside this finding without any written judgment. This scandalous situation was re-enacted in the case of the Kampung Buah Pala case.
In both cases the Federal Court was a total disappointment. In the Buah Pala case, it ruled that the plaintiff had no locus standi. How could this be so when the residents of Buah Pala can trace their ancestry to more than five generations!
It is this vital and critical point that has to be addressed. Whose land is it? Does it belong to Penang? If so, what is the evidence and where is it?
If “the available evidence seemed to show that the land is still vested in the Federal Lands Commissioner, regardless of whether the Commissioner is aware of that fact” as contended by the Deputy Registrar, how could this transaction have taken place?
Can you sell something that you don’t own? Or transfer something that you don’t have? That is the only question that deserves an honest answer.
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