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 for monthly rentals incurred by the villagers while waiting for the houses to be ready.
- No specs provided for the material to be used in building the houses.
- No info on the completion date of the houses; nor any information on what recourse the villagers will have if the houses do not materialise or are delayed.
- 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.
Related posts:
To our bros and siss in KBP. From info above, plot of land is 20′X 60′ and total built-up is approx.1400 sq.ft (double storey ie 700 sq.ft both floors)
In my opinion, your offered house will have a 20′front, 35′ body and 5′backyard. ( L 60′X W 20′)
Ask for detail specification of design ie how many rooms, bathrooms and types of materials use in the internal of house. Also, types of windows, grilles, no.of power points etc.
This is to prevent future renovation needs if things are not up to expectations.(Reno is not cheap now.)
Then figure out how much such a house in Penang cost now and see if it’s worth it.
All the above only if all of you are agreeable to the offer.
After seeing photos of the houses in KBP and the open spaces and greenery only reminds me of my younger days staying in kampung myself, I really miss those beautiful days as compared to now, concrete jungle!
Dear Anil
The sharks are not just corporate predators. These are corporate predators plus corrupt political party and politicians, and corrupt (un)civil servants.
May lightning strike them.
These houses are just pigeon holes compared to what the residents have.
Come Friday we will have all the houses destroyed and the residents would have withdrawn all their suits. LGE and his pack of goons would be washing their hands off gleefully.
Once the houses are destroyed, the residents have lost all their leverage. The developer can drag the project for years and deliver poor quality houses. The residents will have no choice. They will lose their freedom, their heritage and culture as they have lost 90% of their original land. The developer can make life miserabe to the residents.
LGE will tell the residents that he can do nothing as the land now officially belong to the developer and that stopping the project would punish the house buyers (wjho are likely to be rich and politically connected folks).
I guess this is the true face of LGE’s Malaysian Malaysia…where the rich and economically well to do people are more Malaysians than the poor and marginalised people.
Just look at the contract between the Tai Chi style management of Penang by LGE in case of KBP versus the humane way Zambry handles the same issue in Perak. This is an example of a govt that has people’s interest and welfare in heart. Though I dispute the legality of Zambry’s govt, the way he handles the issue is praiseworthy.
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KUALA LUMPUR, Aug 5 (Bernama) — The Perak State Executive Council (Exco) which met here Wednesday has decided to give automatic ownership to squatters of state land for ten years.
Menteri Besar Datuk Seri Zambry Abdul Kadir said with the decision effective immediately, the Perakians would only only need to pay quit rent.
“The decision was made as there are people who had stayed in one area for 80 years but the land still has TOL status,” he told reporters after the State Exco meeting here today.
Zambry said the state government would improve the land management system to make the people feel comfortable when dealing with the land office.
“We will introduce Key Performance Indicators (KPI) on land offices in Perak,” he said.
The menteri besar said his main agenda at land committee and district committee meetings was to achieve zero squatters.
The state government had identified several squatter areas which had become kampungs for the purpose. — BERNAMA
aiyaa, give & take laa, pls !!
I feel Anil is sick, you have the right to express your own opinion, but do not stop others from expressing their views either it’s racial or not.
You have habit to delete “Indian” wording from my comments.
Hindraf will not intervene if Kampung Buah Pala is a Chinese village. This is political reality in Malaysia now.
I edit unnecessary references to race to steer the discussion away from assuming racial overtones. – Anil
Anil, If you don’t mind, can I share a gist of the press statement by Prof Ramasamy at ard 1pm and the press statement by Tamaraj at 3 pm on 5 Aug 2009.
http://www.youtube.com/watch?v=Vq-PAF-Uv78
I said a gist because I need to compress their long statement into less than 10 mins (Youtube max time)
I feel sad there isn’t any positive signs as at now and looking at the villagers, I can only cry for them. And pray for the hardened hearts to have human compassion.
K, i notice that you are very pro BN and anti LGE. The first thing that Zamry did when he overthew the legitimate Perak gov is to give land title to kampungs. He then stalled the land title to the chinese village, no news till now with similar condition as the ‘squatters’ .
“automatic ownership to state land of 10 years?” What is that? He is just buying popularity my friend. then these ‘squatters’ would vote BN next election. Hurrah!
When you censor, all appeal and respect is lost. I thought this was a good place for unbiased news and frank discussions no matter how ugly it may be. If i wanted big brother, i would have sticked with the msm.
Anil, you deleted 2 of my previous posts in an earlier article. I merely used “these poor Indian residents are being manipulated by…..” and you chose to delete it. I find that you are very biased in the case of Kg Buah Pala…
I wouldn’t delete a post if it said just that. Sorry there are too many posts here to remember who said what. – Anil
The KBP residents are at a crossroads now and I do not envy them their predicament and that decision-making right now.
All I know is that if that were me in their shoes, and someone was trying to force me (very possibly illegally) out of my (comfort-zoned) home in that pretty, leafy, green and cool place that I loved and was worse, arm-twisting me to accept a lower grade version of that lifestyle in a modern soul-less concrete shack on a take-it-or-leave-it offer that they wanted me to rush into in maybe two days or less, without sufficient time to reasonably consider and check out all the nitty gritties of that wary offer, then I think I would perhaps opt to say effit, and stick my two fingers at them in some appropriate direction for such unacceptable vile manners and bad faith.
But, hey, that’s just me hypothesising here again without any locus standi whatsoever on that key decision so in all seriousness now, I wish the KBP residents all the best of the world’s wisdom in their final decision-makings.
“Imagine Power To The People” John Lennon.
LGE is clearly on the side of the developer.
At first he said the DO will be revoked but to date no written directive to the MPPP.
He then said he will invoke S116 to stop demolition but nothing happened.
Regarding the restrictive endorsements on the land title he mumbled something about the State Legal Advisor not being in favour of pursuing that.
He claimed alleged fraud on the part of the previous govt but did nothing to investigate. Why wasnt a select committee set up to probe?
But all the while he has been subtly intimidating the villagers into agreeing to some sort of compensation.
The state govt just wants the villagers to go away so that the developer can proceed.
Why is the DAP afraid of the developer?
The DAP should come clean and tell us if they have received political donations from the housing developer industry…
K seems to be a BN sympathizer who is out to discredit the PR govt by making use of the villagers’ plight for his political agenda.
Those double storey houses are not pigeon holes. Many middle class families in Penang would be glad to have one. They are even better than medium cost apartments. Have you heard of low cost apartments?
Comparing LGE and Zambry’s handling of different issues is like comparing (apples) and (oranges). Zambry has the power to grant TOL of state land, LGE has no power over private land.
It’s sad that there are people like K and the Hindraf brothers who are out to make political capital of the villagers’ misery rather than helping them. No solution will satisfy them as they are out to discredit PR and promote BN.
Honestly, i dont know the right thing here for the villagers…
Whatever, my heart is with the villagers…
The Developer is also not sincere in their letter of offer, they have to state everything out crystal clear, like compensation of rental (per month) till house is completed, the layout plan of the house, etc, etc to prove sincerity on the part of the developer and not disputes later which the losing end will be the villagers as it is always the case…
Maybe we only have ourselves to blame because we had been faithfully and happily voting for BN to rule over us. 18 long years ya in Penang and finally wake up to this nightmare – they have sold our land…
Folks, it is a BIG lesson here for us to learn, get the Devil out entirely in the next GE.
Blame Gerakan, blame Koh Tsu Koon, Teng Hock Nan, and that… MIC and Mr Samy and the rest by all means.
and what of the animals? I mean the four legged ones, not the others.
K you are so right about how a promise can turn into a nightmare – ask the guys in Tanjong Tokong and many other places.
For those who think these guys are trapped in a backwards time warp – wrong – these guys are way ahead of most of us – they recognise the value of community, of living harmoniuously with the land, of sharing with neighbours they have known all your life and the joy of a simple life without the clutterr of unecessary material possesions. Just as Yasmin Ahmad showed us. We should take a leaf our of their nobel book.
What is wrong with this so called civilisation? why can’t we respect each other rather than worship, ney idolise money, image, status. Shame on those who do.
The villagers should even consider accepting the offer until the controversial acquisition of their land is clarified by the court. If the acquisition is illegal, the land is still theirs.
K, a land of 20′x60′ with a double storey house thrown in cost at least RM250,000.00 now in Shah Alam. In Penang, a land scarce island, the price should be at least RM350,000.00. What do you expect? A bungalow of 30′ x 80′ size?
Come clear, no matter how much is offered, you guys will still not be satisfied. In Selangor, any similar cases are only offered a low cost flat of about 750sq ft only costing RM45,000.00. Most of these areas were also inhabitated for at least 100 years.
Please hold the whole of Penang to ransom with your outrageous demands as land is very limited in Penang and automatically the price is high.
You should question KTK and BN for their part which alienated this land to present owner. Dare you guys go after them? KTK is hiding in Putrajaya under the guise of Unity & KPI Minister enjoy all the perks and fat salary poaid out of our very own pockets. If you guys are not pointing your anger at him and his BN state govt then, I can say you guys are only being used by certain parties to bully LGE and PR. Cant you guys see sunsible thingsand not to be blindly lead by these people who are out to score their own political points?
Guys, have everyone forgotten that there were few cowherd families there. What would they do after they move out on friday? Where would they keep all the cows till they move in back to their double-storey house in 2 years time?
Has this been answered or am I just plain ignorant?
The crux of the issue is that this is a land dispute where residents are faced with the real prospect of losing the roofs over their heads.
Where is the “200 years of traditional Hindu Tamil living cultural and heritage village” that all the Hindraf, NGOs, MIC and villagers been talking about? The villagers themselves should never even hint that it is a racial, religious or cultural issue as it will not do them any good. I am appalled and embarrassed that they even went all the way to UNESCO in Paris in a bid to save their village.
Various parties appeared to have played up the emotions of the public at large all these weeks for their own reasons. It is unfortunate that it has to a certain extent turned into a racial issue when it is not and never has been. All the villagers want is a secure and permanent home for each family.
The proposal put forward by the developer does not talk about extra land for the villagers’ livestock for their livelihood or amenities for them to continue on with their lives and maybe for their heritage and culture. Just a house for each family. Surely matchbox houses on minimum land space would make living conditions difficult for the residents. These issues should be looked into and provided for. I think the proposals need more work.
first, we want a government that uphold CAT philosophy, respect the law and etc.
second, we want a state government that is sensitive towards rakyat needs.
…
in my opinion, Penang state government collective decision with regards to Kampung Buah Pala incident truly show that they walk the talk. LGE’s action most probably has set a ‘dangerous’ precedent of allowing illegal settler (by Federal court decision) to follow suit the same approach in the future, however this comes from his sense of sensitive to rakyat needs, his desire to help the villagers in Kampung Buah Pala.
…
I undoubtedly would not want to be LGE position, he has to deal with so much pressures from Koperasi folks (has UMNO backing), villagers (Hindraf, MIC backing for own political mileage), developer (UMNO backing again), the house buyers, and not to forget the entire Penang rakyat.
Anil, I am interested to know what would you do, if you were LGE?
MR K,
You can always vote for BN in the next GE. It is not far off.
Get Koh Tsu Koon back and let us see what is in store for the poor and powerless.
Yes, Koh can do a ‘better’ job.
Maybe Mr. K can advise LGE how to re-acquire the land at cost. Karpal Singh and sons will be out of job if you can successfully get the land back legally
The double story link house could be a euphemism for a cluster house.
Anyway, a 20′x60′ enclosure with 1400 sq feet of build up area is easily worth RM400,000 in Penang at regular prices even for a cluster house. (A 1400 sq. feet built-up regular link house in Penang would fetch in excess of RM600k).
Staying in a new building with ownership to the land certainly beats staying in a dilapidated dwelling on a piece of land you don’t own.
Get the state government to open up the tsunami quarters for you to put up temporarily pending completion of those houses by the developer.
Also get the developer to commit on certain minimum requirements for their offer. eg. brick building structure with tiled or zinc roofings. Number of rooms, internal ceiling and power points. Number of toilets and flooring materials.
Then be wise and take up the offer folks.
Whats the Hindraf going to do for the Pandamaran folks???? Its only for their gains and nothing else.
Call themselves Malaysians but always refering Indians fight fight for this and that. They never learn.
Ok, besides the house what about the RM200K or so. Another note show that the land being valued at RM550/sq ft. Something wrong there. I wonder if that is the price in the Golden Traingle. KL? Suspect the price should not be more than RM150/sq ft. even in Pangkor Road area, I see prices at RM150/sq ft. So how did Nusmetro/Gerakan come up with Rm150 Million?
BTW, KTK please don’t show your face again in Penang in the next elections… You created all this mess, and cooly blame LGE. Nice to see you hiding in Putrajaya
K, you have shown to be one sided in your arguments. Look at things both sides.
PR Govt (not BN)of Perak gave titles for new villages irrespective of race.
In Selangor, we have Bn’s ZERO Squatters by the toyo and lots of people staying for years in areas are then considered squatters and their homes just bulldozed to the ground and they were only offered low cost houses which they must pay thru their teeth.
Here you guys are given free 20′x60′ double storey houses and yet you still want more…consider you people very very lucky. What did you say Lilian? We in other states were only offered a small pigeon holes but still have to pay for it and compared with Buah Pala, I wish we had such choices then.
Take it and leave and DONT blame the LGE Govt as KTK govt brought such miseries to you guys. REMEMBER that as thats the FACT!!!
What’s tharmaraj sayin..”i really do not know what to do now..we got no time..we got no money yadaa yada yada”..It’s this guy who said that he is willing to offer RM40 million to the state Goverment to buy over Kpg Buah Pala,and also threatened to do “havoc” etc etc ..Dont believe?Go and ask LGE and Prof Ramasamy.This whole issue has been been turned upside down by MIC/MAKKAL SAKTI/HINDRAF and their supporters.Look at the banners, notice boards in Kpg Buah Pala.MIC/HINDRAF/MAKKAL SAKTI main aim was to create as much problem as possible for LGE,Rayar,Prof Ramasamy and Pakatan.Now that they have lost their case,and Uthayakumar pun dah belah,and MIC have also gone quiet,this Tharmaraj now says “dunno what to do lah bla bla,when all the time he was dancing to their tunes.
With the Federal Court decision, the villagers have legally become squatters. They can fight in court come more by asking for a judicial review of the Federal Court decision but the chance of success is slim.
Emotions are high because the villagers feel they have been cheated of their land and they have their supporters. This is understandable.
LGE has been dragged in because he happens to be the CM. Naturally he has to help find a solution although the land was sold by the previous state govt.
But LGE does not deserve all this mud, insinuations and abuses thrown at him. All these should have been directed at Koh Tsu Koon and Gerakan. LGE has done more than enough by pressuring the developer to offer compensation to the villagers. He has no power to reverse the land transfer nor can he commit Penang’s funds to buy back the land at market price.
It is not for third parties to judge the compensation as this is a matter for the villagers themselves to decide. They can elect to fight in court bearing in mind that they may end up with nothing or they can accept it.
What I find abhorrent is people with political agenda jumping in to champion the villagers and condemning LGE and the state govt. Instigating them to be hard-nosed when they are already legally squatters does not help although it does advance their political agenda.
SamG,
The developer’s estimate of RM150 million include loss of profit from the luxury apartments. It is not just for the land.
Aiya,
Vote for BN in the next GE if you are not satisfied.
Then you can have more Kpg Buah Pala episode.
If that happens, don’t cry , please because BN government will bulldoze your demands just as the buildings.
When LGE is tolerant and tries to get the best deal, more bombardment from onlookers or should I say instigators
Dear, eagle-eye
LGE actually use the “development approval cancellation” threat as a bargaining tool….
To KBP folks, don’t anything silly to current state goverment, LGE, or DAP. If LGE got ‘merajuk’, then KBP is finished! DAP’s LKS ‘merajuk’ then KBP also finished!
I wonder if K actually is KTK himself
Hello, K
Are you KTK?
There is something definitely more than meets the eye.
Someone has hijacked the whole saga, for an ulterior motive.
Bottomline it is being Hijacked by the BN & the rest to make LGE and PR to look bad.
Hindraf/MIC/Gerakan/BN & everyone is washing their hands off this case as the days go by.
I know RSN very well. He is a “Street Fighter” of lawyer and person when it comes to defending the rights of the poor and down-trodden. He too has gone silent. Is it because the KPB residents are being adamant and refuse to budge and compromise?
All I can make out of this is the exploitation by some quarters using the KBP residents to shame and swing public opinion against LGE and PR
Is Samy going to come out with a Miracle Solution at the eleventh hour to show he is th MAN???
Look at Tharmaraj today, looks so silly and so obvious that he has been used by MIC/HINDRAF. While LGE is trying so hard to have a win win situation, Tharmaraj is still shooting LGE in every sentence he uttered and thinking LGE is throwing him out or KBP. The residents is already throw out of KBP by the Federal Court. He really don’t know who is his freind or enemies. He think MIC can help him, just think if MIC dare to go against the UMNO control developer? They are here just to confuse the resident.
I smell something fishy with Nusmetro’s deal and
the way they are pushing it in a hurry for a decision by this Friday Aug 07.
How is one to decide when many of the terms as cited above are not clearly spelt out ?
Yusmadi Mohd Yusoff, said the demolition could not be carried out pending a Federal Court decision on the residents’ application for leave to appeal against vacant possession on Aug 18 so I suggest coming this far, wait for the courts decision, I have a niggling feeling Nusmetro knows something we all don’t
that’s why they are trying to hurry things through.
I agree with Anil, there are many more such potential incidents, and looking at it via a race prism wont help,
I got no less than 400 comments via 2 notes and one discussion topic on this issue , sadly nearly half of it was racially slanted.
If Hindraf and MIC truly cared they would pressure Nusmetro and not LGE.
One other fallacy being perpetrated by some parties are that these villagers are squatters, this is not true they are settlers.
No court can declare people who have lived on a land gifted to them by a trust deed as squatters.
The villagers have to decide on the following :-
1) Is the compensation adequate ?
2) Can the developer be trusted to keep its promises?
3) What commercial activity will sustain them after moving to those terraced houses (no more cowherding obviously) ?
4) Zoning laws- what happens if future condo residents complain , of cowherding activities too close to their premises ?
5) Are they willing to acquire new skills and if so who will help them ?
The answers are obviously not very promising, I would suggest that the developer be (legally) fought all the way, including
invoking sec 116 to halt demolition and other caveats, It is easier for the developer to move its site than uproot a whole community.
I think its time to flex the muscle and tell the developer to either move its site or face boycotts in all Pakatan led states
If the courts decision is unfavorable to the villagers on Aug 18,
The next step is to apply for an urgent judicial review, and a court order to halt the impending demolition of the villagers homes .
The residents must be aware of their real position. Rightly or wrongly, the court has made them illegal squatters. To depend on further court battles is extremely risky as to quote the words of one ex-Lord President, “we have extraordinary judges with extraordinary abilities.”
The residents’ bargaining power is now heavily dependent on applying political pressure on the Penang govt. But this political pressure is also dependent on public opinion. If public opinion turns against the residents, the political pressure dissipates.
Now that the developer has made a concrete offer of double storey terrace houses which many of the public perceive as reasonable, to reject it may turn public opinion against them.
However to demand that the residents accept and move out by Friday noon is unreasonable. The residents can accept in principle and negotiate for more time which can be used for details to be thrashed out.
K, what is your lot number? I have one in kbp. You don’t. I suffer you don’t….
Let me summarise what some folks here are trying to say :
- You defend the villagers, then you must be a racist Hindraf member
- You fight for the KBP residents, then you must be a MIC member
- You critcise LGE’s bungling and incompetence, then you must be a BN sympathiser and Gerakan supporter
- You question LGE’s motivation, then you must hate LGE and DAP
The sentiment here is just like the Neo-Cons of George Bush…”If you are not with then, then you are against us”.
Most of the people who are against KBP folks are only interested in defending LGE and DAP. How different are these people from the BN folks we used to criticise so much before the GE ?
All LGE cares is his PR and image. That’s why he is pressuring and in fact subtly theatening the residents to accept the offer. He just want the villagers to disappear from the his face so he could go around telling the world how great he is as a leader and how Penang has “progressed” under his leadership…. LGE Boleh…!!
Kacang
So if LKS and LGE “merajuk” then the KBP is finish ? Do you know that if the rakyat “merajuk” then the entire DAP can finish ? We rakyat dont own DAP our living but it is the other way around.
Those who keep defending LGE just blinded to the fact that DAP folks personally made promise before and after the GE. Prof Rama himself said, ” Don’t worry about your houses being demolished, I am the DCM2 now”. The irony of this is that when they made these promises during beginning of the year (2009) the land was already sold.
Folks,
Forget about K, if anyone notice from his first posting, majority of his/her comments merely focus on blaming blaming blaming on PR govt, esp. LGE personally. Nothing constructive. He hardly mentioned what himself can do to help KBP’s villagers.
The entire incident looks like a scenario where peoples mostly blamed on the one who try to keep away a fire, rather the one who started the fire/the arsonist.
“The sentiment here is just like the Neo-Cons of George Bush”
lol!!The newcons are the Waythas,the Uthayas,the Samys.. .all the time barking…!Waytha told the settlers that he is going to seek help frm United Nations to save Buah Pala and tamilians world wide are going to donate to buy back the land. Uthaya said “give me a pillow and a mat and i will fight to the end”,and Samy said he is going to pay RM3.2 million. Taking advantage of people’s ignorance is the hallmark of (these) leaders.And The UThayas,Waythas,The Samys are experts in this game!!
Uppermost in my mind is whether this “final solution” serves the social justice that DAP had been promoting and championing. If there is fraud and injustice the citizens of penang would be best served if justice is served and is seen to be served. The cost may be high but what value can a person put on a system that upholds justice and fairness ? Incalculable.
I agree with vijay that this case is worth fighting for. An important precedence must be set by the pr government that they favour justice and fairness and not influential politicians or predatorial businessmen. The civil servants too have to be put in their place. Find out if there had been any misrepresentation to the ktk state government.
LGE is a disappointment. In the interview when the house deal was released he seemed only interested in defending/apologising for the accusations that was hurled at him. Forget all these political intrigue and see the issues for what there are and pursue solutions guided by justice and fairness and not political or economic cost.
Wisdom23
Excuse me ? My posts were mainly blaming LGE ? Well, who else do you think I should blame ? LGE is the Chief Executive of the State and he has both moral and legal responsibility to solve the issue. After all his own party and exco who made the promise to preserve the village and not KTK.
rajan
August 6th, 2009 at 9.21pm
K, what is your lot number? I have one in kbp. You don’t. I suffer you don’t….
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Are you speaking for the majority of KPB residents?
The answer is NONE.
You are want to accept the offer from someone (grabbing) your ancestor land is your personal choice.
nkkhoo
Rajan’s a fake…as proven by the rejection of LGE’s offer by the residents….