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:
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.
Complain about this comment
Like or Dislike:
0 
0
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.
Complain about this comment
Like or Dislike:
0 
0
SamG,
The developer’s estimate of RM150 million include loss of profit from the luxury apartments. It is not just for the land.
Complain about this comment
Like or Dislike:
0 
0
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
Complain about this comment
Like or Dislike:
0 
0
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!
Complain about this comment
Like or Dislike:
0 
0
I wonder if K actually is KTK himself
Complain about this comment
Like or Dislike:
0 
0
Hello, K
Are you KTK?
Complain about this comment
Like or Dislike:
0 
0
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???
Complain about this comment
Like or Dislike:
0 
0
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.
Complain about this comment
Like or Dislike:
0 
0
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 .
Complain about this comment
Like or Dislike:
0 
0
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.
Complain about this comment
Like or Dislike:
0 
0
K, what is your lot number? I have one in kbp. You don’t. I suffer you don’t….
Complain about this comment
Like or Dislike:
0 
0
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…!!
Complain about this comment
Like or Dislike:
0 
0
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.
Complain about this comment
Like or Dislike:
0 
0
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.
Complain about this comment
Like or Dislike:
0 
0
“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!!
Complain about this comment
Like or Dislike:
0 
0
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.
Complain about this comment
Like or Dislike:
0 
0
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.
Complain about this comment
Like or Dislike:
0 
0
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….
===
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.
Complain about this comment
Like or Dislike:
0 
0
nkkhoo
Rajan’s a fake…as proven by the rejection of LGE’s offer by the residents….
Complain about this comment
Like or Dislike:
0 
0