Trump card that could save High Chaparral?

Trump card that could save High Chaparral?

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.

35 COMMENTS

  1. Mr Derrick Fernadez, a lawyer, PJ City Councillor and Legal Adviser to Selangor Pakatan Government and Menteri Besar of Selangor have issued a Press Statement on 29/7/09 that Penang State Government can save Kg Buah Pala and will only cost nominal refund of the Premium paid by the Cooperative.

    He said that the Title issued on 27/3/2008 by Pakatan Government have restriction of interest which bars any dealings on the Land without express consent from the State, and as such without Pakatan State Consent, the Land shall cannot be developed for any commercial purpose and therefore does not have commercial value,

    He further said that the State can acquire the Land using the Acqusition Act and refund the nominal premium paid by the Cooperative.

     
  2. Kampung Buah Pala resident is a bunch of …
    200k offered but still want more.

    Kampung Buah Pala offered 200k still reject.
    Jalan Perak offered how much?
    Lorong Perak offered how much?
    West Jelutong offered how much?

    If these 20 remaining … can hold up state development, imagine what will happen when others do the same thing. From air itam to batu feringi , there will be lots of “illegal”/TOL houses going to be torn down in next 5 years.

    LGE / Pakatan said they are pro rakyat.
    What happen to the rakyat that have purchase the developement unit?
    Are these rakyat less important than Kampung Buah Pala rakyat?
    Anymore delay will only cause unnecessary monetary loses on all parties. The only one benefit is the bank and lawyer buruk.

    Lets put it straight.

    If Kampung Buah Pala resident win the ransom game, DAP and Pakatan can kiss good bye to Penang.
    We don’t need leader that is weak. Just look at Koh Tsu Koon, all Penang people say that he is a CM with NO power, always kowtow to UMNO…

    We don’t want Lim Guan Eng to kowtow to anyone… especially MIC/Hindaf….

    Lim Guan Eng was given the mandate to be Penang leader. Show us you can lead us forward.
    Be a leader and start working. Stop blaming others when you have a problem. You are chosen to lead and NOT to be a blaming chicken.

     
  3. there are too many s— developer at penang, they delay your house and doen not want to pay accordingly to s&p. they will offer this much take it or leave it!!! can´t even cover the bank interest!!!

     
  4. What to do when your house is burning down:

    1. Call the Fire Brigade ASAP.
    The Fire Brigade (FB) to respond ASAP. This is even so if you dislike the FB’s Head of Operations and he/she dislikes you. The FB is a professional service which is set up by citizens for their benefit and which is funded by all citizens and taxpayers, which includes you.

    2. The Fire Brigade’s main priority/role is to put out the fire ASAP and save lives and the burning property.
    The FB to focus on your burning house and use whatever available means and water supplies as needed to put out the fire. So it is not the right time or proper priority for the FB to work out at that crucial time details such as how to pay for water used if that water has to be taken from private/payable sources.

    3. After the fire has been put out, the FB to get to work on finding out what caused the fire. This requires investigative forensic skills and also good communication skills.

    4. At the same time, the FB to also work out costs of putting out the fire and to determine any compensation payable to anyone for support in putting out the fire.

    5. Once procedure (3) has been concluded, then the FB to adjust any compensation payable to anyone as determined in (4) if it is determined that they were directly/indirectly responsible for causing the fire.

    6. If the cause of the fire was due to deliberate arson or if it resulted from reckless negligence, then the FB to report the criminal offence to the AG/police for the suspected criminals to be charged and brought to face a fair trial in a court of law. (Competent police and judges are assumed to be a given.)

    One could say that the same professional problem-solving process/methodology and skills required could be used to solve any urgent problem/crisis situation.

    Furthermore – and sorry, this might be stating the bleeding obvious here – a fire/crisis or how you deal with a fire/crisis situation has nothing whatsoever to do with anybody’s nationality or race or religion or ethnicity or sexual orientation or any other such pointless irrelevances.

    However, good COMMUNICATIONS* is vital in the fire-fighting/problem-solving process as it cements the whole process together and leads to its success or failure. It also ensures that the right learning is gained from the exercise to prevent such future fires/crises from re-occurring.

    *Beyond mere spelling, grammar or other prowess in language or linguistic abilities.

    “Imagine Power To The People” John Lennon.

     
  5. this issue is very simple,is being manupulate by some outsider who is trying to be hero like they are god who can save the village….media side,ofcoz tau sama taula,they will make the story even more interestingloh….then dont follow blindly!!!!

     
  6. K,

    We know what BN can do and is worst than PR. So K, U think ISA, Sedition acts, using mata2 to stop peaceful gatherings, UMNO and MCA leaders have been taking kitty for their use all committed by BN is Okay. What else can PR goes beyond that. U and and bull and cock story.

     
  7. Lucia / CS

    We are talking about solving problems here and NOT about who is to blame.

    KTK is no longer the CM… LGE and Anwar had made a promise to the residents of the Kg Buah Pala to protect their village.

    It is shocking that some of the people here have turned on Anil for daring to be critical of LGE.

    This is really worrying to see that leaders and supporters of a party that stands for democracy, free speech and human rights so violently intolerant to such mild and justified criticisms.

    It makes one shudder that what will happen if Pakatan rules the nation.

    Looking at the propaganda efforts by Pakatan (based on numerous press releases and blogs) to present their views on the issue, scares the hell out of me. It merely shows how far the Pakatan leaders would go to bury the truth and crack down on dissent.

    Some of the language that LGE and DCM2 Prof Rama used were shocking really. They have practically turned the victims into the accused.

     
  8. 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. Lets hope some smart lawyers from Hindraf or Pakatan can follow up so everyone can get on with their lives!

     
  9. JC,
    That’s why I have been saying….Even if LGE would caveat the land, I would prefer that LGE & his team build public housing instead. Frankly, Kampung Buah Pala is a ramshackle village. It resembles a slum just like the one in Calcultta. It’s equally cruel to see such village is preserved so that they can be gawked at…
    Well, my question to some villagers in High Chapparal. Do you wanna be gawked at? If LGE is manhandled into acquiring the land costing more money. That too another issue when LGE govenrment is having 50 million deficit. We have yet to factor in the additional money set aside for the quarry issue, courtesy of Koh Tsu Koon
    Anil is fighting for People’s welfare. Anil’s insistence that economy should serve the welfare of people. How does spending millions on the a piece of land beneficial for 30 families can advance the betterment of all Penangites. Preserving heritage is one thing but it must back with common sense.
    Everybody knew Darshan’s agenda & objective. Never mind talking about Darshan’s ulterior agenda. Lets focus on his objective…His proposal of using certain legal terms or even loopholes to counter the developers would back fire especially when everybody knew the courts…
    You just have to look at how the Appelate Court pronounce judgement on Nizar’s case……What are the chances that Darshan’s proposal would help High Chapparal without having all Penangites to cough up the money. Hey…..touching PDC would not solve the problem…….What about others????
    I can agree the argument that the villagers have the right to appoint their own lawyers to discussing the issues……However, everybody knew what’s the objective of Suga or Darshan? They are not out to have a win win situation…..It’s I win or you lose……

    People,
    Lets all legal possibilities of annulling the agreement with developer……However, my suggestion that Kampung Buah pala got to go…..Turn it into a brand new Public Housing estate with the High Chapparal element….Lets turn it into a mini Toa Payoh……With free housing for villagers & adequate compensations…….Socialism at best….

     
  10. 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.

     
  11. 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.

     
  12. 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.

     
  13. 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.

     
  14. 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…

     
  15. “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”???

     
  16. 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.

     
  17. 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.

     
  18. 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.

     
  19. 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?

     
  20. 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?

     
  21. 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.

     
  22. 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!

     
  23. 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.

     
  24. 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.

     
  25. 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?

     
  26. “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???

     
  27. 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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