Could this be the lifeline that could save Kampong Buah Pala from demolition on 2 Aug? This adds to the uncertainty faced by the developer. Check out this excerpt from a Sun report:
The Kampung Buah Pala saga took a twist today when the state government revealed a trump card in its bid to protect villagers from an impending demolition after the Aug 2 eviction deadline.
Chief Minister Lim Guan Eng showed reporters a provision under section 116 of the National Land Code that stipulates a building on alienated land cannot be demolished, altered or extended without prior consent in writing of the appropriate authority.
Lim said although a writ of possession had been served on the villagers, the developer still needed local government approval to conduct demolition of the houses.
“I am directing the land and mines office to refer this matter to the courts,” Lim said at a press conference in his office.
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Isn’t this provision similar to that required in the ill-fated Jaya Supermarket debacle ? The developer had proceeded to demolish the structure without first having obtained approval to conduct the demolition.
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Man, this has huge implications nationwide.
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“I am directing the land and mines office to refer this matter to the courts,” Lim said at a press conference in his office.
I refer to the above statement. My question is why ??? Why want to refer to courts ?? We all can more or less guess what the courts will say … LGE & DAP still have confidence in the courts???
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This is funny. What trump card? What Section 116 of National Land Code? The Federal Court decided. Will the court decide against the developer despite Sec 116? Dream on.
Man… It’s Federal Court where this apanama Judge Augustine Paul is. Still think LGE can win with Sec 116?
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this is nothing more than an effort to both shift the buck to Putrajaya and hold the buying party to start working on THEIR land.
the way Guan Eng handled this affair, to be honest is very bad. and the moment he push the blame to ex CM and Federal to pay the compensation, totally he looked very stupid. and inconsiderate.
guan eng, the only way to salvage anything that still left is to face the people – the term rakyat they fondly using these days – and sort it once n for all. injuction of demolition will only buy u time. not forever, but limited time.
i heard about big coffers at Penang Development Corporation. PRU warchest? of course i cant confirm it by myself and if i am wrong, then i apologize.
penetration at malacca is almost impossible. even kit siang the father also failed sometime. and further more, at Malacca u will never be CM. thats the reason maybe u switched to Bagan and Air Putih at 12th PRU.
now get the hammer down and do real work.
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Why can’t the Penang state government alienated another piece of land of about 20 hectares in the main land for the villages to continue with their farming activities and solve this issue once and for all.
These are poor villages and the state government can directly issue a 1 acre plot to each family. then allocate RM40000.00 to each of the family to put up a house.
Get the current supposely land owner to pay a compensation of RM 100000.00 per family and this amount should be sufficient to cover the land premium cost as well as to put up the house for each family.
Then you will have a win-win situation.
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At best, the State Govt can only delay the demolition of the village…but, eventually, the fall of the axe will come. If the developers are willing to compensate the villagers for 200K per family, it is a good offer and should be accepted.
Perhaps then, the PR govt shpuld look into the mainland and find a suitable spot for these villagers to continue with their activities….it is also about time Hindraf behave like a honest broker!
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Is it possible if LGE do that, the developer can bring him to court for contempt of court order? My fear is that, LGE can only delay but the inevitable fate for the High Chapparal villager has already been sealed with the court ruling.
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That is it. Make life miserable for the developer. Make it difficult for them to continue. Make their lives on this earth a hell for them.
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Well, that doesnt change the fact that the villagers will still need to deliver vacant possession, does it? How on earth can the state find a creative idea to stop a federal court judgment from taking effect? The only way is for the so-called “beneficial owners” to sue the “trustee” in court. Then again, 3 questions arise – 1. Who are the “trustees”? 2. Are the so-called trustees also a bare trustee (my take on this is NO)? 3. Then why the HooHaa about alleged illegality of the former state govt to sell the land when you cannot prove that they are in breach of trust? What the readers think SHOULD be the law MIGHT NOT be the law. Ironic?
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for the truth of this issue, visit the kg buah pala blog.
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Dr M Power,
In order to make economy to serve the people is to break the piggy bank. We don’t have Temasik Holdings. We don’t even have CPF at Penangite disposal….Wanna spend the money….I would initiate workfare……
What the heck are you talking?
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The idiotic, irrational and completely incompetent manner LGE handled the matter is a very serious concern for Penangite.
The indisputable fact is that lGE had made a promise to the villagers and he has to fulfill it. Instead of facing the issue head on he kept avoiding the issue and blaming everyone except himself.
He made numerous statements which were later proven to be wrong and inaccurate. This made him look stupid.
The latest stunt about invoking the Land Code to stop the demolition look like yet another hare-brained scheme too. His release of the exco meetings on this issue is another damp squid that proved nothing.
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Lucia
The site about Kg Buah Pala that you have provided here is a propaganda site operated either by the state govt or their agents.
This only reinforces the perceptions of Penangite that LGE is far more interested in assigning blame and finding scapegoats than actually solve the issue.
Please refrain from behaving like a propagandist for the LGE govt and help us to seek a solution to the betterment of democracy and human rights in the state.
We expect PR to deliver their promises and electoral manifesto and not to resort to … propaganda tacitcs.
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Brilliant!
The Federal Court is not there to make new law or override existing law. That is a matter for Parliament and state assemblies.
The Federal Court is there to interpret and apply CORRECTLY and protect federal and state laws that have been enacted and are on the nation’s RULE of Law statute book. End of story.
Checkmate to the state of Penang and CM LGE and his team!
Now there’s time to examine that Brown family’s express private trust deed/instrument to determine the settlor’s true intention and then use perpetuity rules to determine when the (almost certain) initial life interests end and the fee simple vests.
“Imagine Power To The People” John Lennon.
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“Why can’t the Penang state government alienated another piece of land of about 20 hectares in the main land for the villages to continue with their farming activities and solve this issue once and for all?”
Good question! The problem is the KBP resident chairman, Sugumaran, said that the state government should acquire the land as the residents would not budge. Besides their uncompromising stand, his arrogance only add fuel to the crisis when he said “Just fulfil your election promise. Save our village and then find a way out. How much you have to compensate the developer is not our problem.”
At first I sympathise with their plight but their arrogance and uncompromising stand make me despair. Don’t they ever understand that “YOU CAN’T HAVE YOUR CAKE AND EAT IT TOO”???
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too bad, the villagers were just screwed by their same kind who has fondness for UMNO cronies.
if Mahatir called him to bark, he will.
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LGE, can we have the court order on the transfer of trust from heritage land to TOL land, and all details & mins relating to the sale of this land published asap…
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k
well that is your opinion. if you think the blog is a propaganda for the govt., so be it. others might not.
i am just informing people of the blog… let them decide (think) what they think of the blog. just because i post it up here doesn’t mean i’m a propagandist for the govt. at any rate even IF it is, why can’t i post it here? anil’s blog here take all kind of views – pro or anti govt.
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I am not from Penang. My only connection to the whole debacle is that I have been poor once living in a one room shack with my mother and brother, so I understand how they feel. I’m finding it very hard to sympathise with HINDRAF(uncompromising, militant and smell heavily of personal agendas) or the kampung folks. In fact with offers of RM£200k(i stand corrected if wrong) for each displacement, i find them distastefully greedy when it was rejected. Perhaps they should find ways of settling the matter which will benefit everyone(Penangites included) instead of fighting a loosing war(federal court judgement should mean something else there will be chaos in the country) and blaming it on the current CM. Some of the suggestions in the comment box above are worth looking into by the CM to resolve the dispute ie alienate a piece of land and asking the developer to pay for it. This time make sure you get the title to the land.
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I just had to be at Komtar the other day. Darshan and Indran…well…let me start off with Indran – he just wanted journalist to see him. Refusal to even give his name. I didn’t make this up – watch the video taken by Citizen Journalist. Ranting away about 27 March 2008. Dei….the premium was paid by developer by March 16. Apala you? You got Samy Vellu’s attention – now go back to Pemuda MIC. Darshan…..I am just surprised that your refusal to let the visitors see the CM. Your daughter insisted to be up there to … JERIT konon..come on lar. Wait till Najib loses his patience, and call for an emergency rule, you baru tau. Come to think of it, you will just run back to Penang Sports Club and rant the day away while innocent people suffer. Brothers and sisters, we must rise against people like this. We must stand with the residents of buah pala and offer them solutions. Not blaming LGE and the rest. I swear to god that if I see those folks running around town calling themselves NGOs and putting up pathetic facebook comments like – let’s deraciallise it – I hold you NGOs responsible.
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lucia:
Thank you for posting the link to the kbp blog here.
“Imagine Power To The People” John Lennon.
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dear k
look at the disclosure of the documents … is this mess created in the first place by the LGE govt? i think LGE is trying his level best to resolve the problem without breaking the law or get sued. If the penang govt get sued or pay compensations, who’s money is it do you think goes to pay the suit if it is won? It’s our tax money lar…
the person or govt who created this mess should be the one, for god sakes help to resolve it than saying “there you go, LGE is blaming __ again” …
i think LGE in this few months has done a more fantastic job to penang, do more justice to penangites than the previous govt.
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drMpower,
you can keep your melaka …we penangites are far more better off than your backward state with hardly any promises for betterment …
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K, be cool — propagandist every where these days
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