The old well at Kampung Buah Pala where clear fresh water reaches ground level - Photo by Anil Netto
For those of you still unfamiliar with the background to the High Chaparral issue, here’s an excellent write-up by Himanshu Bhatt in today’s Sun:
Kampung Buah Pala holds its breath
THERE is an old well said to have been dug some 100 years ago in Penang’s Kampung Buah Pala, a charming settlement of cowherds and planters, which still provides fresh groundwater for many villagers. So remarkable is this well that during the national water crisis of the late 1990s, it became the lifeline for thousands of Penangites who made a bee-line to collect its water when all other supplies failed.
Which way now… Will Kampung Buah Pala be declared a historic communal settlement or be demolished to make way for apartments?
About five years ago, the inhabitants of this settlement – who trace their ancestry to at least five generations – were shocked when told that the land on which the well and the village stood was earmarked for a development project. The venture, which included four blocks of apartments, was called “Oasis”. Full article here.
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In part 2, koperasi bought the land from state government is absolutely legal regardless the legality of part 1. Villager lost the lawsuit is not a surprise to me because they are suing wrong party.
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nkkhoo
The villagers lost the legal suit to developer and koperasi does not mean that state government cannot issue a decree that the LAND transaction to koperasi is unlawful and then null the land sale deal. This is a separate case with lawsuit between villagers and developer and koperasi.
Nikki Khoo……. the rice has already been cooked and become broth , how do you propose to turn it back to become rice ? Get the services of Merlin the Magician or David Copperfield ..hahahaha
If the land sale is unlawful , they would have brought up the issue during the court hearings from the high court to the Court of Appeal to the Federal Court ! Please lah write something sensible ! And What makes you say the transaction is unlawful ? aiyoo and null the the land sale deal ??Please lah … the title is already in their name . the deal is a done deal …get the aliens from space to transport you back into time , into 2007 or earlier , maybe you can do something back there .
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Anil
There’s nothing DAP could do as I see it . It all boils down to incompetence . This issue was brought up during the GE and promises were made and yet nothing was done to look into this issue after he became CM . They were too engrossed with other people’s problems like the Perak fiasco and with parliament that Penang being his baby has been neglected . For 15 mths , they just sat on the issue hoping it will go away without them having to fulfill their promises made . For 15 mths nobody within their administration brought up this issue in the assembly , no one including those who made the promises to the villagers ..
So Anil , who’s to blame ? they only have themselves to blame …
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nkkhoo,
If suddenly you come the PM, do you know how the country is run? Do you know all the procedures? Gerakan & MCA hasd been so secretaive and all the time they are talking …. about lonkangs and roads. Within 2 weeks, youi must be GOd to know the land transfer prcedures and who are the developers. In this case, you must be keen if what the developers can do for you if nt nkkoo can approve the deal.
actually, there are more important things to do and many orang asli land has been taken… for timber, planatation etc. Yet, Anil and many of big mouth here have been very quite. Imagine, the Orang alsi have yet a title deed to what they have been hanging around hundred years ago and yet no one spoke for them. Isn’t it racial?
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there are too many unqualify developer at penang.
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Nikki Khoo……. the rice has already been cooked and become broth , how do you propose to turn it back to become rice ? Get the services of Merlin the Magician or David Copperfield ..hahahaha
If the land sale is unlawful , they would have brought up the issue during the court hearings from the high court to the Court of Appeal to the Federal Court ! Please lah write something sensible ! And What makes you say the transaction is unlawful ? aiyoo and null the the land sale deal ??Please lah … the title is already in their name . the deal is a done deal …get the aliens from space to transport you back into time , into 2007 or earlier , maybe you can do something back there .
====
BN kuncu, the court does not intervene how state government steal the land from someone as long the record in Jabatan Tanah says the state government is the rightful owner IF the villagers sued the developer and koperasi.
Court will only look into the land transaction from trustee to state government, etc. if villaeger is suing state government.
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kingkong on July 5th, 2009 at 6.18pm
nkkhoo,
If suddenly you come the PM, do you know how the country is run? Do you know all the procedures? Gerakan & MCA hasd been so secretaive and all the time they are talking …. about lonkangs and roads. Within 2 weeks, youi must be GOd to know the land transfer prcedures and who are the developers. In this case, you must be keen if what the developers can do for you if nt nkkoo can approve the deal.
===
Sorry, I do not know what the heck you are talking. I hope others can understand your thought.
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Perfume Spray on July 5th, 2009 at 4.20pm
Anil
There’s nothing DAP could do as I see it . It all boils down to incompetence . This issue was brought up during the GE and promises were made and yet nothing was done to look into this issue after he became CM . They were too engrossed with other people’s problems like the Perak fiasco and with parliament that Penang being his baby has been neglected . For 15 mths , they just sat on the issue hoping it will go away without them having to fulfill their promises made . For 15 mths nobody within their administration brought up this issue in the assembly , no one including those who made the promises to the villagers ..
So Anil , who’s to blame ? they only have themselves to blame …
===
LGE can do a lot of thing IF he got political will to fight senior government servants and UMNO warlords. Rakyat will behind him for the struggle against corrupt BN.
LGE maybe incompetence, but KTK is a spinless… politician on top his achieve nothing for 18 years as Penang CM.
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can the sale by the co-op to nusmetro be revoked if hanky-panky was found in the transfer from the state to the co-op?
sad to say, i think not. the Adorna vs Boonsom Boonyanit case at the Federal Court has set the precedent for cases like this.
http://www.ipsofactoj.com/appeal/2001/Part1/app2001(1)-005.htm
http://hba.org.my/articles/salleh_buang/2005/long.htm
Boonsom Boonyanit, a Thai national, owned some land in Penang. She eventually discovered that an impostor claiming to be her – and with supporting identification documents as well as statutory declarations – had declared that she had lost the original title and managed to obtain a replacement title from the land office.
The impostor subsequently sold the land to Adorna Properties, who bought it on good faith, and did not suspect that there was anything amiss in the transaction.
The Federal Court unanimously decided in Adorna Properties’ favour. It agreed with the Court of Appeal that the standard of proof to prove forgery in this case is on the balance of probabilities and not beyond reasonable doubt.
However, the Federal Court held that despite the instrument of transfer being a forgery (and therefore a void instrument), Adorna Properties had acquired an indefeasible title because it was a bona fide purchaser (BFP) for value without notice. The provision for a BFP is set out in subsection (3).
Emphasising that its duty is to determine “the real intention of Parliament” in enacting the law and to deduce that intention “from the language used” in the Code, the Federal Court said subsection (3) protects Adorna Properties because as a BFP, it had “obtained an immediate indefeasibility”, notwithstanding the fact that the instrument used was “a forged document.”
Because it was a decision of the highest court in the land, it has to be followed by every other (lower) court in the country.
even if there were illegalities in the transfer from state to coop, based on the boonyanit judgement, the land still would belong to nusmetro.
sad, isnt it?
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I think it is not a matter of just buying over the land.
Even if this happen will this guarantee than say after 10 years or 100 years later that the owners will not sell off the land at a very high price.
Who will benefit then?
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[...] the situation, thats the whole point of us rakyat voting for new administration to take office. AnilNetto has a good write ups on the whole story. « Unresolved : Kg Buah [...]
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“One thing I believe, and not just in this case, is that the economy should serve the people/communities and not the other way round. – Anil”
Sounds like Communism. I dislike Welfare States, there are enough citizens to abuse the welfare system.
In my opinion, the High Chaparral villagers have been having near dirt-cheap land/home rental for far too long. And the village is not worth preserving, because it looks like a slum rather than having any distinct cultural architecture.
High Chaparral has no tourist value. Time for the villagers to move to low-cost housing and make way for development. Things change, and the villagers should accept it. No one’s lifestyle can be permanent forever. And no way should Penang pay to preserve a small group’s lifestyle at the expense of other taxpayers.
And I am tired of listening to Hindraf’s threats. They are as bad as UMNO Youth.
… the economy should serve the people/communities and not the other way round < === Actually, that is part of Catholic Social Teaching. - Anil
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Guys,
Whom I should trust. This message taken from Margeemar. Unless Anil has certified Margeermar as incorrigible liar. Just read below!
Anil,
What’s your take? Still wanna entangle some more. Like or not….It’s also dealt with society’s issues. I thought it’s your priorities.
Anil,
I need to highlight one thing that I quote from Margeemar
“this village has a chronic problem of gangsterism, drug addiction, alcoholism, unemployment and family feuds which often turns violent.”
In the early days, such things are common in Singapore…..Best way, resettle them in Public Housing
Guys,
I will fight for tooth & nail if LGE decides to caveat the land to build public housing. In one swoop, we must land, economy & social
Just read the message
looes74
EXPOSED: BN Making Use Of Poor Kampung Buah Pala Folks!
By RAJA CHOLAN
The following was contributed by a former resident of Kampung Buah Pala, Raja Cholan (not his real name) to give a first hand account on what’s going on there.
I am writing to the Administrator of MarGeeMar to highlight the real story of Kampung Buah Pala.I find MarGeeMar is the only Blog that would probably print this as this Blog practices non censorship and balanced reporting. I was a long time resident of Kampung Buah Pala. My family moved out 20 years ago. Till today, I still go back to Kampung Buah Pala to visit my relatives. Kampung Buah Pala holds a lot of memories for me. This is where I grew up.
We have been hearing a lot of views and opinions about this issue. What’s strange and sad is that outsiders who didn’t care less about the plight of the Villagers are suddenly championing their rights. I find it amusing that even a … who is in Australia has suddenly become a champion of the Indians of Kampung Buah Pala. And then, you have Waytha Moorthy of Hindraf championing the Villagers all the way from London. What’s interesting is where are our local heroes, Samy Vellu and MIC?
One thing is crystal clear here, all those who seem to be championing the rights of the Kampung Buah Pala Villagers are actually doing so to score political points while at the same time do maximum damage to the credibility and reputation of the DAP led Pakatan Rakyat government in Penang. Don’t be duped for a moment that the MIC are not doing anything about Kampung Buah Pala. While the PR government has been working hard behind the scenes to help the plight of the Villagers, the MIC has been going around poisoning the minds of the Villagers by telling them not accept any compensation offered. I know for a fact that one household had accepted a compensation of RM 90,000 and a low cost flat as compensation and was willing to move out. Unfortunately, the Villagers with the instigation of MIC created a ruckus until the compensation offer to that particular household was withdrawn.
The BN through the MIC are using the poor Villagers of Kampung Buah Pala to damage the PR Government so that it can come back to power in Penang. The media which is pro-BN have been spinning a lot of lies and half truths. What MIC is saying to the Villagers is that even Hindraf is now championing their plight because they are victims of a racist and corrupt DAP government in Penang. I don’t understand why Hindraf is attacking DAP because this is certainly making MIC and BN look good in the eyes of not only the Villagers but also among Penangites in General. However, the question no one seems to be asking is why was Kampung Buah Pala turned into TOL land? Who were the beneficiaries of the trust? All these took place under the BN /Gerakan government of Tan Sri Dr. Koh Tsu Koon. Why is Hindraf or the Villagers not demanding answers from him? Dr. Koh must also explain why and how the land was sold to the Penang State Government Officers Cooperative for RM3.2 million and who were the key players in the state government, the cooperative and the developer responsible for the deal?
The MIC here has managed to convince the Villagers that they will get their homes back if they support MIC as MIC is with the BN. This is where the idea to write to PM Dato Seri Najib Razak came about. Eventually, Najib will be the Knight in Shining armour who will rescue Kampung Buah Pala where the ‘racist’ Chinese of DAP had failed them. Why do you think Waytha Moorthy called Penang Chief Minister Lim Guan Eng a racist? Guess who gave the poorly educated Villagers of Kampung Buah Pala the idea to threaten the Penang Government that they will write to UNESCO to revoke Penang’s Heritage status if their demands are not met?
For the record, Kampung Buah Pala also have Malays living there. One thing not reported by the media is what is life like living in Kampung Buah Pala. Everyone who lives in this village are related to one another. As a former resident I can tell you that till today this village has a chronic problem of gangsterism, drug addiction, alcoholism, unemployment and family feuds which often turns violent. Couple of years ago, there was a feud between two Malays who were brothers….
In my opinion, it is no point retaining the Village as these problems will never go away. You can’t change the mentality of the Villagers whether Kampung Buah Pala is made a Heritage Village or not. I suggest that the Penang State Government gazette the Kampung Buah Pala site as a public park and give a decent compensation to the Villagers which must include alternative housing accomodations. The Penang State Government, the MACC and all relevant parties must make sure a thorough investigation is carried out in what appears to be an illegal act commited by the BN government of of Tan Sri Dr. Koh who appears to have washed his hands on this issue. There is no doubt in my mind that if Penang were to be under BN rule today, Kampung Buah Pala would have been demolished by now and the Villagers would have been tear gassed and water cannoned by the Police…
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“Keep a cattle ranch running in the middle of Penang City??? Is this a joke??”
Think of the joke the next time you drink milk.
Why are you so hung up about Penang being a city? What so great about it?
Aren’t you seeing what city life has done to youths today….
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Anil,
Well, the writings on the wall……Another neutral post from Sin Chew……Can’t help to say how relevant article……
Guys,
Are we taken for a ride by BN, the developers & now some Hindraf goons
Anil,
Since you are a prime mover for social betterment…..Perhaps, the statement from Margeemar makes sense. I don’t think the ex- Kampung Buah Pala folk makes up the story…….
Apa macam, Anil…….Should the right pressure applies to the right parties? You decide!
Reminds me of Chee Soon Juan’s antics causing the whole oppositions loses big in 2001GE. Though I symphatise with Soon Juan, being forced out from university’s professorship by petty means, I can’t accept the betrayal Chees imposed on his mentor & the founder of SDP……Chiam See Tong…….Chiam was betrayed & chased out from the SDP that he painstakingly build up…..
Is Uttaya another Chee in the making?
The Kampung Buah Pala Controversy
Posted by admin
Monday, 06 July 2009 15:08
Uthayakumar is proficient in manipulating issues and provoking emotions. This time, he could take advantage of the Kampung Buah Pala controversy to promote his new party. It is like a gift falling from the sky!
By TAY TIAN YAN/ Translate by SOONG PHUI JEE/ Sin Chew Daily
The Kampung Buah Pala dispute is a typical example of urban development contradictions. However, it may turn into a racial issue if it is not carefully handled.
There has been a rumour spreading around the village and even the Indian community: “The Chinese state government and the Malay developer are seizing the Indians’ land.”
Of course it is nonsense. But such simple and sensational logic would easily incite the people.
Kampung Buah Pala is a historical village as it was built 150 years ago when the British East India companies brought in Indian workers. Its villagers were plantation workers and cattlemen.
From the cultural perspective, it is a microcosm of the Indian immigrant community, which has a certain historical value.
However, just like other places, it is facing the development problem. The former state government has given permission to the developer to build apartments here. But the project was opposed by the residents and Indian associations.
The then opposition DAP supported the residents and pleaded to retain the village.
The hardest part of commitments would be how to fulfill them. Perhaps, DAP had never thought of how to fulfil it when they made the commitment.
Several months ago, the developer obtained a court order and the controversy broke out when the developer officials came to the village.
The situation turned tenser when the Hindu Rights Action Force (Hindraf) stepped in. Perhaps, Hindraf has its own agenda. Its spiritual leader P. Uthayakumar is soon going to form a political party.
Uthayakumar is proficient in manipulating issues and provoking emotions. This time, he could take advantage of the Kampung Buah Pala controversy to promote his new party. It is like a gift falling from the sky!
It launched a protest asking the state government to forcibly acquire the land for public purpose under the Land Acquisition Act and compensate the developer to get back Kampung Buah Pala for the villagers.
It is imposing a difficult task on the state government. Penang Chief Minister Lim Guan Eng said that such a move will bankrupt the state government.
Lim asked the federal government to acquire the land from the cooperative and the developer as it was the former state government that started the issue.
We can imagine that the federal government will say: “What is it to do with me?”
Lim will have to face the reality and find out a feasible way to resolve the problem. Otherwise, he will have to face a counterattack from the Indian community.
In order to resolve the dispute, they should first prevent the issue being racialised and prepare for a balanced plan in terms of the development prospective, the rights and interests of the residents, as well cultural preservation.
For example, as they have to respect the developer’s legal status, they may give the residents reasonable compensations and build a cultural relic. Perhaps, it is an approach acceptable to all the parties.
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According to Suara Keadilan the land was alienated after Pakatan took over:
http://en.suarakeadilan.com/current-news/2009/07/10948
Now, after 14 months of taking over the state government, Pakatan leaders are running away from the case giving excuses that it would be sub-judice to talk about the case or that they can’t do much as the case is now before the courts. Note, however, that the land alienation actually took place on 27 March 2008, just a few weeks after Pakatan stormed into power in Penang.
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Jazz on July 6th, 2009 at 4.57pm
===================
Who was actually approved the land alienation on 27 March 2008? This is a million dollar question for LGE.
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NKKHOO…u sounds like a BN… to me.
Shame to Penangites…
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well, i do have the same question as nkkhoo, but please don’t label me a “BN” for just having the same question.
for me, the issue is setting up a bad precedent where the rule of law is not upheld.. there is a lot of villages in penang located next to urban areas like those in jelutong and sungai nibong, if all squatters take similar action it will be very bad for landowners
as for the kg buah pala folks, i wonder, why after 200 years dwelling on that particular land, there was no effort to own the land earlier? enlighten me for any lack of info on my part..
it was fair enough to be given the compensation and lead a good life
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No one has the guts to open the truth…..koh,Lim,MACC,POLICE or Koperasi….clearly not a 1malaysia….
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