Posts Tagged ‘Penang’

Kg Buah Pala can unite Indians?

August 16th, 2009
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Unlike other races in the country, very few things can unite the Indian community. One such event that came close to achieving some resemblance of unity in recent years was the Hindraf rally in 2007. There’s another indicator as well – MIC’s membership which  claim to be in the region of half a million or so.

Other than the above two, I fail to see any other items/ideals that Indians agree upon. Be it religion, language, tamil schools, Thaipusam holiday, political parties, 1Malaysia, lockup deaths, temple relocation, etc. Every faction has its own opinions, often contradictory.

Could it be that for once, regardless its right or wrong, all Indians stand behind the residents of Kg Buah Pala (one of the current hot issues affecting the community)? Would it cause a ripple or change anything? Can we see political party representatives stand together in front of the bulldozers, instead of some leaders conveniently switching of their handphones (as was claimed in some articles)? We can learn from our brothers from the other community – one death related to MACC, and the community is showing anger. Or mention Islam, and the Muslims join  hands faster than a speeding bullet (being dramatic here).

Its clear the political parties are not really supporting the residents but merely playing dramatic scenes, while the media is portraying the residents as being “greedy”. PM Najib washed his hands off the problem, saying land is state issue. Ex-CM virtually dissappeared from the face of the earth, current CM talking law too much. Champion of community says got up to RM5 million to help state buy back land.

Kg Buah Pala is a straightforward issue. Any right thinking Malaysian will consider the rule of law, and also the “compassionate”  and “natural justice” part. If need to, suspend the development order until all investigations are initiated and completed. But where is MACC and other law enforcement agencies?

There are some valid questions asked by people – why no action taken to formalise or verify the land ownership for past 50 years? Why no advice to the residents? Why sell cheap? Why sell to that company? Why new government accept final payment? Can the agreement/sale be undone or halted? How can  try to demolish when there’s a review pending on 18th August?

I’m sure many smart and learned Malaysians can ask more questions, but who is actually answering these questions? Is it the stakeholders like residents, ex-CM Koh Tsu Koon, federal government, state government, cooperative, developer, the politicians who made promises, the champion of the community reps who didn’t do the job? How reliable are these answers?

If the issue of Kg Buah Pala happened to you – someone comes along and says that your ancestral house is no more yours because it was under the care of the government all this time and was sold it to a third person –  what would you do? Some may say tough luck and move on, others will fight to the end. If you feel you are on the side of justice, surely you’ll feel aggrived. If you felt that its your fault that never verify or follow up with the land matters, you will move on.

So, at the moment, its hinging on the 18th court hearing. After that, this issue will be forgotten, probably until next general elections. Well, one good lesson from this – please check the ownership of the land you occupy (make it an annual affair, just like paying tax or renewing car license). Remember that what happened to Kg Buah Pala residents can happen to you too.

Demolition at Kg Buah Pala today

August 13th, 2009
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Its a tense situation at Kg Buah Pala today, as the developer arrived with loads of workers and few bulldozers to demolish the houses there. The residents, with activitists, NGOs etc are putting up a stand, not willing to give way. FRU and police trying to maintain the situation. Developer says demolition will go on today. It seems three houses are targetted.  Villagers claim will be contempt of court since appeal hearing is on August 15 or 18.

Read it via live updates from various sources below:

NST,Star, Malaysiakini, Anil Netto, National Express Blog.

Can also follow me in twitter as I compile tweets from above sources.

Kg Buah Pala reject the offer

August 7th, 2009
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The residents are rejecting the offer of the double storey house by the developer. I think looking at the failure rate of fulfilling promises by developers and authorities, especially on property and land related issues, the residents have valid reason to be suspicious. Land swindling and corruption is so rampant that one wonders if one’s own house is safe or not.

Now the residents stand to lose everything as the developer and cooperative won’t be relenting on the pursue of the land. I think what the residents can do is to sue the previous goverment, but that may be thrown out as they don’t have locus standi anymore.

The saga shall continue…

Kampung Buah Pala residents did not meet a noon deadline to accept the ‘double-storey terrace house’ offer made by developer Nusmetro Ventures (P) Sdn Bhd

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.

Another demanded virtually all 24 house owners in the village to vacate the land and handover possession to the land owner, Koperasi Pegawai Pegawai Kanan Kerajaan Pulau Pinang.

“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.

Despite the land being sold by the state government to the cooperative society last year, the villagers have refused to shift from their homes.

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.

Sugumaran said the state government should not have allowed Nusmetro to make the offer given that Chief Minister Lim Guan Eng had said that the land alienation exercise carried out by the previous Barisan Nasional administration was tainted with fraud.

“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.

Truth is the villagers are the legitimate land owners and their village had been stolen from them by the state authorities,” said Thiruvenggadam.

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.

The Star reported as below:

Kampung Buah Pala residents have rejected the double-storey house offered by developer Nusmetro Ventures (P) Sdn Bhd to vacate their homes.

Kampung Buah Pala residents association chairman M. Sugumaran said there were too many loopholes in the offer.

“The offer letter says that if the developer is unable to get planning and building approval from the relevant authorities, the (ex gratia) deal is immediately null and void and the residents will be unable to make any claim on it.

“That means even if we agree, it may not be approved and we end up with nothing and cannot take any action against the developer.

“Would you sign a deal like this?” he asked at a press conference at the village Friday.

Sugumaran added that the deal had not promised a date for the new houses to be ready and no details of monetary compensation for rental during the construction period.

The noon deadline for them to pack up and move out of their houses passed without any untoward incident on Friday.

Unlike on Monday, there was no crowd or protesters standing by at the village and even the developer was absent.

Just a handful of residents were seen around the makeshift assembly area when reporters starting arriving from 9am onwards but the crowd grew to a moderate size around 11.45am as the deadline loomed.

On Aug 4, Chief Minister Lim Guan Eng handed out offer letters on an ex gratia deal, which included a 1,200 sq ft double-storey terrace house for each of the 24 houses demolished, to residents during a meeting at his office in Komtar.

Lim who spoke to reporters at a separate function earlier, said there was nothing much the state government could do if the residents refused to consider the landed property offer.

“If they do not want to take up the offer and want to continue to be used by irresponsible elements including one or two villagers, then there is nothing much the state government can do.

“I urge them (the residents) to exercise rational thinking and to work together with this state government which is trying to help them by giving them a legally binding title for 99 years,” he said after opening the Association of the Computer and Multimedia Industry of Malaysia, better known as Pikom Northern Chapter’s regional seminar at Traders Hotel here Friday.

Lim said the demands made by the residents were getting to be a bit excessive.

“I think they should be reasonable and I fear they will be losing public support…in fact, they have lost a lot of public support,” he said.

Solution for Kg Buah Pala?

August 4th, 2009
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Lim Guan Eng says developer agrees to share the land with the residents (7.30pm today). He is to discuss with the residents, and if they agree, problem settled.  However, Nusmetro still talking about the residents moving out – perhaps to temporary housing? And what would the coperative say?

Demolition postponed till August 18 since the residents filed an appeal and appeal will be heard on that day only. Developer can’t demolish until appeal is heard and decided upon. So, for the moment, the residents can breathe easy.

 The way I look at it, options are quite clear – (i) buy back/reclaim land, (ii) share land, or (iii) compensate and move out/evict. Each of the solution may bring another set of problems – political, financial, legal, and social.

 

Chief Minister Lim Guan Eng said Tuesday evening that the developer of the Kampung Buah Pala land has agreed to share the 2.6ha plot with the villagers.

He said he would discuss the proposal with the villagers at a meeting with them at Komtar which started at 8.05pm on Tuesday.

He spoke to reporters in a short press conference before the meeting began

Earlier, Bernama reported that the planned demolition of houses in Kampung Buah Pala Tuesday has been postponed, once again, to Friday, pending a solution to be worked out for the 23 families facing eviction from the area which is to be developed.

The villagers are scheduled to have a meeting with the state government Tuesday night.

State government representatives had met last night with the developer of the land, Nusmetro Ventures (P) Sdn Bhd.

Nusmetro Ventures executive director Thomas Chan said the company had come to an agreement with the state government to set Friday as the new deadline for the villagers to move out of their houses.

Chan, who was accompanied by the company’s lawyer, told reporters he would wait for the outcome of tonight’s meeting between the villagers and the state government.

Penang Deputy Chief Minister II P. Ramasamy met the villagers Tuesday and said the draft of a solution was being prepared by the state government.

“We have also agreed to meet the residents at Komtar (where the state government office is located) at 7.30pm today to discuss the draft,” he told reporters after the meeting.

MIC Youth Press Statement on Kg Buah Pala

August 2nd, 2009
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Received via email on 25th July.

PRESS STATEMENT BY MIC YOUTH COORDINATOR T.MOHAN

25th JULY 2009

MIC Youth wants the Pakatan Government in Penang to reveal the minutes of the state executive council meetings on the Kampung Buah Pala issue after it took over the power in March last year.

We want the state government to be transparent and give a full disclosure of what transpired in the state exco meetings on the issue.

This would reveal whether the Pakatan government under Chief Minister Lim Guan Eng had the interests of the Indians, especially the residents of Kg Buah Pala at  heart or not.

The Pakatan government’s intention to declassify the minutes of the previous government was to hoodwink the people and also shift their inefficiency against them.

Based on the reports, we MIC Youth feels that the residents have a legitimate right over the land and the hisotircal facts support their existence and their right over the land.

According to National Land Code Seksyen 78(3) ,  “The land remains a state land untill issuance of Registered Title”. state could secure the village by acquiring the land on grounds of public purpose and interests, under Section 76 of the National Land Code 1965 read together with the Land Acquisition Act.

The Pakatan government had accepted payment of RM2.2 mil as the balance of the premium on March 14, 2008, six days after taking office and the land title was issued to the Cooperative and the developer on March 27, 2008.

Under Section 81 (2) of the National Land Code, the premium has to be paid within three months of the approval and failure to do so, renders the approval null and void.

It is a known fact that the former Chief Minister Tan Sri Koh Tsu Koon had approved the project on April 24, 2007 and the premium of RM2.24 mil was only paid on March 14, 2008, 11 months later. This is already a strong reason for the state government to rescind the approval.So we believe there is hidden agenda

MIC Youth is bewildered as to why the Pakatan government is reluctant to take action when it is very clear that the provisions of the National Land Code has not been adhered to.

Instead of  blaming other for their own mistakes, Lim Guan Eng should do the honourable task of putting the interests of the residents of Kg Buah Pala first and cancelling the approval of the land to the Cooperative.

MIC Youth is willing to pay RM3.2 mil if the Pakatan government can cancel their approval and regain back the land which will be handed over to the people of Kg Buah Pala without any charge.

Hopefully Chief Minister Lim Guang Eng  will stand by his promises made to residents of Kg Buah Pala and not to beat around the bush and continue more political drama of his. MIC Youth will stand by our decision and settle the said amount as soon as we get the letter of offer from state government to purchase the land.

The Pakatan government has to cancel the approval for the land to the cooperative first and not try to deflect their responsibility by asking the MIC to discuss with the cooperative.

No right thinking person who had acquired the land through deception, would want to sell back the land at the same premium price when he knows that he would make a tidy profit. This is a Pakatan government mistake which they have to undo first.

The Pakatan leaders had also promised that they would not allow the Kg Buah Pala to be demolished but what has happened to their promises.

As responsible people, they should immediately tender their resignations if they were unable to fulfil their promises made during the campaign for the march 2008 general election.

MIC Youth would stand with the villagers to ensure that they were not evicted from the land. We call other right minded political parties and Indian non-governmental organizations to come and support these poor villagers on Aug 3.

MIC Youth calls on the Indians in Penang not to be hoodwinked by the claims that Pakatan government is fair to all races in the country. They had failed to ensure that the Indians in Kg Buah Pala were not cheated of the land.


Your’s Sincerely,

T.Mohan
National Coordinator
M.I.C YOUTH

I guess if the current government can declassify previous government’s minutes, it should have problem doing the same for those under its own administration. Just to clear the air.  Anyhow, MIC says money is ready for state government to buy back the land at nominal price. The Koperasi is adamant it won’t sell the land, even if it doesn’t get approval to develop the land. Means sit on idle land…