Wednesday, August 12, 2009
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
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.
Batu Kawan to kick start HRP's Indian agenda - Malaysiakini
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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.
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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.
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
Himanshu Bhatt and Bernard Cheah
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.
Saturday, August 8, 2009
Buah Pala residents agree in principle, but...
By Anil Netto,
In the confusion that surrounds the Kg Buah Pala crisis, a different version of events over the last 24 hours has emerged.
About 80 per cent of the villagers participated in a meeting last night along with several activists. The villagers are understandably upset – there is a strong sense that they have experienced a grave injustice.
The meeting was witnessed by Sungai Siput MP Dr Jeyakumar Devaraj, who revealed some of the villagers’ main reservations over the developer’s offer.
According to him, the villagers have agreed in principle to the developer’s proposal – but subject to further fleshing out and clarification to ensure they are given a decent deal that protects their interests.
They are willing to dialogue and negotiate further with the developer and the state government on these points.
- Their main reservation centres on the number of houses: 24 terrace houses is simply not going to be enough given the number of extended families, which could be over 40 families (perhaps not as high as the 60-odd families mentioned by some villagers). So they need more terrace houses.
- They are also asking for temporary rental reimbursement for each family of about RM1,200 until the houses are ready.
- They want the offer to be made in a proper legal document to each family, that is enforceable with details such as the housing specs and delivery date (two years?) shown.
- They also need to know what happens if Nusmetro goes bankrupt or turns into a shell company or is unable to complete the project. What happens if the company doesn’t get all the necessary approvals? Will the state government stand as guarantor or could there be another mechanism to protect their interests? This should not be impossible to accommodate.
- Some alternative grazing land provided for their cows.
Now, if for some reason the developer is unable to accommodate some of these points, the villagers are urging the state government to allow them to use the 2.4 acres of adjacent land, which is state reserve land. This could be divided into 24 lots (a similar number to the existing lots in the village) and the money that the developer was going to use to build the 24 terrace houses could be given to the villagers to build their own homes.
The state government, however, appears to be reluctant to allow this for fear that it would set a precedent – a fear that may be legitimate.
But what sets this case apart are the alleged elements of fraud in this particular deal – several MACC reports have been lodged. The state government could cite these as extraordinary circumstances that deserve an extraordinary solution – a real win-win solution.
If the Penang government is really interested in seeing justice done and the villagers’ interests protected, then it should seriously look into these reservations to ensure that an acceptable and just settlement is reached.
The residents agreed that Jeyakumar would convey these reservations and recommendations to the state government for it to consider. This he has done: this morning, he submitted a letter containing some of these points to the Chief Minister (Guan Eng was not in, so the letter was passed to his office) and personally to Deputy CM Ramasamy.
All is not lost if the state government could only look at the issue from the lens of the villagers and really understand their fears and insecurities. Few outsiders can feel their anguish at being wrenched apart from the land they have called home for generations – and all because of a land grab under dubious circumstances.
“They must be given a decent deal,” says Jeyakumar. “There are so many different people saying different things. I would take last night’s meeting, which was well attended, as reflecting what the villagers want.”
The above need not be seen as absolute demands but as the starting point or building blocks for further negotiations to arrive at a more just solution.
Meanwhile, the developer should be told once again that if there is forced eviction/demolition, the state government would stick to its pledge of revoking the development order.
High Chaparral rejects 'double-storey house' offer - Malaysiakini
Kampung Buah Residents Association chairperson M Sugumaran said they are rejecting the offer as it is riddled with unacceptable conditions.
One of them, he pointed out, was the villagers were asked to withdraw all their court cases against the land deals pertaining to their village.
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"One must understand that we are not fighting against Nusmetro, the state government or the cooperative society.
"We are challenging the land alienation marred by fraudulent land deals," said Sugumaran (above, left) at a press conference in the village this afternoon.
He said the offer letter was issued to all house owners during last Tuesday's meeting between the villagers and state government leaders in Komtar.
The villagers were given until noon today to accept the offer.
Sugumaran, however, said perhaps two residents may have accepted the offer, without naming them.
Villagers face demolition of homes
Kampung Buah Pala is also commonly known as Tamil High Chaparral due to its population of cowherds, cattle, goats, other live stocks and lively Tamil cultural features and festivities.
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They, instead, demanded the authorities gazette their village as an Indian heritage living human village in Georgetown city.
They also submitted a memorandum to the Unesco heritage unit in Paris last week to add more steel to their struggle.
Georgetown and Malacca were given a combined world heritage city status by Unesco in July last year.
Armed with a court order, the developer warned residents that the village would be demolished and flattened if the residents failed to meet its Friday noon dateline by accepting its offer.
The developer plans to build a luxury condominium project called Oasis in the area.
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"When the chief minister himself has raised such allegations, it's only logical for the state government to right the wrong.
"If the state government continues to facilitate Nusmetro's offer, then the current government was clearly colluding with the previous administration to endorse the fraud.
"This is unbecoming of a responsible government," he told newsmen.
Ramasamy asked to explain RM500,000 claim
Meanwhile, the villagers adviser A Thiruvenggadam demanded the state government to explain its claim that villagers would be made owners of RM500,000 worth of properties through the Nusmetro offer.
He questioned how the state government can possibly assess the property value when the proposed double-storey terrace houses were yet to be built and given to the villagers.
The former councillor of Petaling Jaya municipality said the state government was wrong in evaluating a land that is yet to be developed.
"This is blatant act by the state government with a malicious intention to portray the villagers as greedy people.
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He was commenting on a statement by Deputy Chief Minister 2 P Ramasamy (left) in Tamil daily Makkal Osai yesterday.
Ramasamy was quoted as saying that "due to the relentless efforts by the Penang government, the villagers have been upgraded to owners of a half-million ringgit worth of property."
Malaysiakini could not reach Ramasamy for comment despite several attempts.
Friday, August 7, 2009
Buah Pala residents reject new homes
The chairman of Kampung Buah Pala Residents’ Association, M. Sugumaran, said the residents would not move out from their home no matter what. He said they did not want to accept the offer because they found everything presented to them to be unsubstantiated and there was no guarantee they would receive the house if anything bad were to happen to the project.
“If the project does not take off, the row of houses offered to us is not given and the compensation would be cancelled. Is this fair?” he told reporters here today.
Apart from that, Sugumaran said the developer also failed to state the new area where the residents would be relocated. “There were 65 families living in the village but the developer’s offer was only for 24, leaving 41 families without a home,” he said.
At a meeting between the state government, the residents and the developer on Tuesday evening, Nusmetro Ventures had agreed to share the 2.6ha plot with the residents by offering each of them a double-storey terrace house for each of the house demolished.
Nusmetro Ventures had given the resident until midnight tonight to accept the offer, failing which, the compensation would be cancelled. The residents had asked the state government and the developer to give more time for them to consider the offer. However, their plea was turned down by the state government. — Bernama
Buah Pala villagers reject Nusmetro’s offer - Anil netto
In a just concluded press conference, they cited numerous reasons for their rejection. They claimed that Nusmetro’s offer letter was itself illegal as the temporary title to the land in the Koperasi’s name prohibited any transaction.
They also said that the offer of cluster houses was itself dependent on the developer securing all necessary approvals from the relevant authorities, and there was no guarantee that it could. No buyer in a normal property development project would accept such a condition, they argued.
They also pointed out there were 65 families in the village and only 24 cluster homes were offered.
The press conference was held at noon, the deadline given by Nusmetro for the villagers to accept the offer. Earlier, the developer had warned in a letter that it would execute the writ of possession if the residents failed to leave the village by the deadline.
The villagers had faxed a letter to the Chief Minister yesterday asking for more time to consider the offer. They only received the detailed house drawings after 5.00pm yesterday.
Meanwhile, a small group from Pas, including Kelantan politicians, visited the villagers yesterday evening.
