The Kampung Buah Pala land in Gelugor was once owned by David Brown, a wealthy spice plantation owner during the early British colonial era in Penang who died in 1825.
Title to the land eventually reached one of his descendants, Helen Margaret Brown. For more information on David Brown and his descendants, go here and here.
Check out this copy of the Straits Settlement “Grant of Land” bestowing title to Helen Margaret Brown in 1938:
A lot has been said about the High Chaparral residents being “squatters” (setinggan). Many of them are actually descendants of workers brought in by the Brown family, who allowed them to live on the land.
On the reverse side of the Grant of Land, we can see the “sub-divided Lot 691 acquired by Crown for housing Trust – vested in Crown on 12.4.(1954?)”.
So where is the actual Housing Trust document? Isn’t the Penang Land Office supposed to have a copy? Why hasn’t the actual trust document been made public?
When the housing trust was dissolved in 1976, the land should have gone to the Federal Government.
So how did the previous Penang government alienate the land to the Penang State Government Officers Cooperative? How did they satisfy themselves that they had title to the land? State government leaders then have a lot to answer for.
Why didn’t the present administration, knowing the controversial circumstances surrounding the land following the promises made in the general election campaign, keep a sharp look-out on this land deal and double-check the actual land status before the transfer to the government officers cooperative was effected in March 2008? Was it merely an administrative matter that the present state government could do nothing about?
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“When the housing trust was dissolved in 1976, the land should have gone to the Federal Government.”
Finally, you are going somewhere with the trust thingy. After all the Hoo-Haa about the State being the so-called trustee.
Now, the only remaining question is why wasnt a suit brought by the villagers (as beneficiaries) against the trustee?
Solve this and u get a perfect picture.
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And by the way Anil, to correct you,
The villagers doesnt own the land now and therefore are still setinggan/squatters. You should instead ask the question.. “Should the villagers be settinggan/squatters in the first place?”
You cannot keep arguing they are not setinggan/squatters coz under the law, they have no rights/interest over the land.
At least there’s some progress in the research.
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What it all boils down to, in totally blunt terms, is this: Lim Guan Eng is a Chinaman and Sec-Gen of the DAP, a predominantly Chinaman party. Chinamen believe in DEVILOPMENT. They point at another island called Chingapore governed by another bunch of Chinamen and what they see is DEVEROPMENT & PLOGLESS! Highrise Flats, Condos, Malls, Cable-Car Rides, Disney-style Theme Parks. DEVEROPMENT VELLY GOOD! Bunch of quarrelsome Yindians huddled together for 200 years in the middle of Penang and still rearing cows and goats instead of buying their meat cellophane-wrapped in the supermarket… how can? Better they move out and let CONDOMINIUM take over – at least condo dweller pay more taxes.
I’ve been scrutinizing people’s comments in blogs and Malaysia Today. The ones who would like to see the cultural heritage of High Chaparral preserved are those who, like me, are not impressed by DEVILOPMENT & PROGRESS. Most of the Chinese commenters believe it would be good to see a CONDO where a crowded “squatter village” used to be – as long as the villagers are not cheated. If my dear father were alive, he’d probably opine that a new shopping mall looks better than a 200-year-old village. Vatudu? So many issues involved – ethics, aesthetics, and the freedom to choose between Starbucks and an old-fashioned tea-stall.
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Anil,
Promises made are subject to the requirements of the state & prevailing laws…Plus you are asking the wrong people…..Koh Tsu koon & the federal government should be made responsible.
You can’t fault LGE & the present government. By simply passing the buck to the present government, they are victims too. One question : Why are these “squarters” paying TOL fees to the state government
What’s your agenda & objective? The welfare of selected few or the welfare of all Pennagites….What if Darshan, Hindraf & the gang can’t get what promised, then what????
Anil,
I am very disappointed in you haranguing the present state government as well as Penangites in general in preserving ramshackle relics that would serve no purpose to the public
I am not part of the government. However, no sane & neutral person shall be a party bend on creating publicities in the expanse of the People in general.
However, I have to agree that the present government should take up a proactive stance in studying all possible avenues including the evidences as you publish. However, I felt that the present government should be excused even if there is an oversight as proclaimed……I mean even if given the benefit of doubt
People,
The objective shall be a win win situation for all parties. The state government must not cough up too much money in order to save a ramshackle relics.
However, if you subscribe Anil’s view that a 3 months’ old government should be penalised for an oversight (yet to be proven), I have nothing to say……The choice are yours……
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The present state administration was merely completing the alienation of the land to the cooperative started by the previous state government under Koh Tsu Koon. The question you should Anil, is why did the previous state administration alienate the land to the cooperative?
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The Grant still does not accord any rights to the HC residents, it merely recorded it as granted to Helen Margaret Brown. Unless their names or the Trust are recorded on the grant and the quit rent was paid, their claim on HC is untenable. What about the Fed Court suit? What is it about? Nobody has reported on it?
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Since this is not their land,whats the big fuss.Take the compensation and leave the place.Ask Wathy fellow to come back and challenge it. What a coward.Have no respect for him at all.and also get this Utha fellow to join BN and see what will happen to him.Damn stupid.
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If the documents are legal enough for the decendents to claim rights to their land this will save everybody from hearing all kind of accusations and insults that it is all about race.
Lets hope some smart lawyers from Hindraf or Pakatan can follow up so everyone can get on with their lives!
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Anil, it’s time for you to join Hindraf and fight for your RACE. You are not different from those from MIC and Hindraf, the only difference is that you are always hiding behind your keyboards in comparison with some MIC / Hindraf members who at least are bold enough to come forward. To me you are just a coward, get me, a coward.
Excuse me? I have been talking about issues rather than race. For your info, this blog has also highlighted the predicament of residents of Tanjung Bunga concerned about hill-slope development and the fishermen/tsunami victims of Penang – and they are mainly from other ethnic groups. – Anil
http://anilnetto.com/accountability/where-has-all-the-tsunami-money-gone/
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I was there to hear the sort of things uttered by the lawyers. Calling Personal Assistants and Political Secretary – office boys does not make one more intellectual than others. I resent comments made by one NGO at Komtar saying “I have the right to be in the meeting because I am the NGO.” I think it is best one qualify statements before uttering such remarks. With temperature rising, don’t forget unseen hands could use this to declare an emergency for racial tension and you have no one but the Federal Government to talk to. Here, the federal govt had already said no. So where is your stand on this ? I think it is best the residents decide what is best and leave emotions at home.
Being combative like the Asst Secretary isn’t going to solve problems let alone provide solutions. The chronological of events are out. No blame game but exercising the CAT philosophy. I suggest all concerned parties do what is necessary to find a solution. Once solution can’t be found, do what is best for your community. Remember the faithful day and exercise your rights at the polling station. The days are gone where Hindraf dominates the issue. The issue is lame and the residents are suffering. I heard Darshan congratulated LGE for releasing the document. I bet he didn’t expect that to happen.
Friends one lesson learnt – if you want to be combative, please shout at the right tree. The tree here is not Pakatan. It is BN and you can always find their HQ to throw the tantrums. See whether they give a damm? After all, the Minister of Measurement is comfortably in KL and guess what – he is having his coffee and tea in an air cond room while residents’ future is ticking away. So more of the story of this – grow up. Don’t act like so-called Indran – 27 March 2008, they are responsible. Adun Rayer and MP Karpal are responsible. Excuse me, where were you for the past 3 years Lawyer Indran. MIC is no longer there for you to appear on TV? Thank goodness Lilian caught Indran playing his typical MIC wayang kulit. Grow up Indran – people’s life is at stake.
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This is clear example of how Indians in this country have to put up with all these years. A sampler perhaps.
Had it been a pig abattoir in Kg. Sg Pala to be demolished would things turn out to be different. Had it been a Malay kampong? Would Lim Eng Guan speak the same language?
DAP while willing to quit Pakatan over a stinky pig hole, talks about law and reason over Kg Sg Pala. Showing true colors I see…..
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Dear Anil
Lets hope the right people would look into this matter, fast. Let them go thru the documents and come up with solid justifications to revoke the agreements, which would turn High Chapparal into luxury condos.
Do you think the buyers could do something about this too, if they are concerned?
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There is often quoted political statement going around blogs for some time:
Malays having problems, becomes national issue,
Chinese having problems, becomes Chinese issue, DAP, MCA, Gerakan go town with it.
Indians having problems, no issue!…
I think we can’t generalise it that way. There are many Malays etc who are also marginalised and whose problems are not highlighted, – Anil
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Antares,
Ain’t your comments bothering on racism? To be fair to all parties, if we aren’t able to help in this situation, we should also try not to worsen the situation either.
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It is definitely sad to lose the tranquil pastoral area of Kampung Buah Pala. So much of Penang’s natural heritage has already been lost that you become resigned to this.
It would be ideal to see Kampung Buah Pala remaining an area for cattle and dairy activity, but only those involved in cattle rearing should be allowed on the land if at all it can be saved as a heritage site.
But I have my doubts as to whether the present villagers can claim a right to the land. It would be important to consider whether there was any trust created and who the beneficiaries are? Further one also has to consider whether such a trust can go on in perpetuity.
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Antares
I have read your articles before. You strike me as a reasonable person who writes well, but tarring all chinese with a single brush is a low blow what with that condescending tease that goes with it. I am chinese and I am one of those who reject having development for development sake without taking into account of the environment. I know it, I have seen it in Port Dickson and its ugly. I have also read your articles defending Anwar, while I am not a fan of him I have to say in general I agree with your analyses. Put that context into the KBP issue and we have a potentially explosive situation which may contribute to Penang falling back into the hands of BN if we are not careful. I am for solving the problems not for the problems to be dragged on and on and getting muddied in the process and no one knows what the issue is in the first place. I also wish for the present state government to handle the matter within the boundaries of the law as I do not wish to see the kind of cowboy tactics that goes into handling of public matters by the previous administration. We can all help by not adding to the fire but by finding a solution.
In this instance I blame the CM for not tackling the issue quickly and decisively.
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It clearly shows the present BN govt are real culprits.This is how they haved fooled the non-malays, especially the indians for 50 years…
As such the kg buah pala’s case is another episode…
Hindraf and the PKR, and of course the present Penang govt under the leadership of mr. lim guan eng have done a very good job to takle this case so far.THEY WILL SUCCED. Teach the BN govt a very good lesson and bring all the culprits for any wrongdoings to the court of law.KOREK SAMPAI LUBANG…
My full blessing for all those who are undertaking this case to a win situation to avoid demolition of kg. buah pala and therby preserving it as a HERITAGE LAND…
Lastly to say MR. Toh Su Koon is a DUMP, WHAT TYPE OF THRUTH HAS HE TOLD THE AFFECTED VILAGERS REGARDING THE STATUS OF THE LAND WHILE HE WAS IN POWER he should explain to all malaysians NOW.I AM VERY SURE HE WONT DO IT BECAUSE HE IS A COWARD… I am very sure he is trembling from his toe to feet by now. The great MIC whom are representing the indian community under Samy Velu is tightipped about the kg. buah pala.s case in which poor indians are involvled. WHY? Will the indians in this country have faith with (MIC BN Govt)? These are 1 of the facts why there need a change in the leadership in MIC, not the PM.
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DARN!! Why is this becoming a racial issue?
Dont we all know the state governance are trying to tackle the issue & solving the problem, soonest.
For the villagers , the case settled only unless States acquire the land & not compromising position. Is this fair?
There is also compensation right?
Yes, this should NOT be turned into a racial issue. The issue is one of justice and accountability. – Anil
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feleaz,
Please don’t make this more of race issue than it has already been exploited by some parties! Your criticism on Anil for not jumping onto the wagon is UNCALLED for! Shame on you! Thank goodness there are still neutral bloggers like Anil. Keep up the good work, Anil.
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Some of the comments by the pro chinese bloggers are racist to the core .Indian votes are needed next round so dont to be too happy to wack them now that u are in power.
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Malaysian still couldn’t get their head out of the ground to see that not everything is about color of the skin. If you start to use skin color as your argument it will turn into a race issue but if you try to solve the issue than you might come up with an acceptable solution or solutions. Please hear all sides stories before we draw conclusion because we are judging based on facts that are not verified. To all you that try to benefit from this shame on you that you are trying to benefit from rakyat’s misery and fear.
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Forget about the 200years history of the Kampung Buah Pala land. Just read today’s nst article, “Kpg Lorong Buah Pala Koh: Give chronology of pledges”, as far as KSK is concerned this High Chaparral issue started only after DAP made what ever promises during the last election. To him nothing had existed before that. Yet another ex minister being attacked by selective amnesia syndrome or what?
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Justice and accountability?… tell the big mouth Darshan to act like a lawyer. Lashing away at the steps of Komtar doesn’t make him righteous…
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Equaliser on July 10th, 2009 at 4.35pm
…Had it been a pig abattoir in Kg. Sg Pala to be demolished would things turn out to be different. Had it been a Malay kampong? Would Lim Eng Guan speak the same language?…….
If I were to be racist, my question would be, “will there ever be a pig abattoir in Kg. Sg Pala?” and “Had it been a Malay kampong, will the last bn govt ever touch the land, let alone sell the land to developer?”
So let’s not backtrack and make a racial issue out of it.
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> Many of them are actually descendants of workers brought in by the Brown family, who allowed them to live on the land.
Does it make it right for them to demand these lands? That makes them no different from the UMNO Malays, who demand “ketuanan” over this country just because their ancestors sat on this land first.
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