In their last-ditch bid to save their village, Kg Buah Pala villagers have now turned to Umno.
Gelugor Umno division chairman Omar Faudzar has reportedly agreed to hold talks with the developer (Nusmetro) and the landowner (the Koperasi) on Tuesday.
With this, the Buah Pala villagers have now tried almost every avenue available to them – the Pakatan state government, Hindraf, MIC, PSM, Jerit, the Malaysian Makkal Sakthi Party, the Federal Court, the DPM and now Umno – as they struggle against all odds to save their village. The only parties they have not approached – as far as I know – are Gerakan (Koh Tsu Koon) and MCA.
In a way, the Kg Buah Pala saga has now come full circle. It was the BN government in Penang that approved the sale of the land (with the final payment made on 14 March 2008, after the Pakatan took over, while the temporary land title was registered on 27 March 2008).
Can the Buah Pala village be saved from demolition? Will Umno and the BN make a dramatic gesture and intervene in an attempt to recover lost Indian Malaysian support for the BN?
Meanwhile, the Koperasi has ceased updating its blog since 11 August.
The village has nine days to go before it is due for demolition.
A desperate situation calls for desperate measures, but to turn to UMNO? Even Pak Lah with his 90% mandate in 2005 dare not touch those warlords.
The coward/puppet KSK created this mess (allegedly) for those warlords behind the scene.
LGE can’t undo the mess. He did try to broker a best possible deal for the residents. On the other hand, maybe he can, when he becomes the PM. So, wait lah.
Complain about this comment
Like or Dislike:
0 
0
What a joke..Sugu handed over a 8 page memo to Muhyuddin and KBP folks now have to pay (again) the legal costs..brilliant!!Oh Sugu,we know you are possessed,and nobody will be able to stop you from damaging even more
Complain about this comment
Like or Dislike:
0 
0
go and fly kite fatimah. everyone knows now they are a bunch of greedy goons.
Complain about this comment
Like or Dislike:
0 
0
I hope the KBP people will get something before their houses being demolished.
Complain about this comment
Like or Dislike:
0 
0
Pathetic greedy fools. What can Umno do for them? To continue to squat on the land is out of question as the Umno-linked Koperasi is dead set on going ahead with the luxury condo project with the tens of millions in profit. Do they think Umno can give them a bungalow instead of a terrace house?
Here’s the rub. Umno is an ultra Malay party with the agenda of championing Malay rights. To help these Indians with handsome financial compensation will rock the foundation of the party. Umno just can’t do it. To ask Umno to negotiate with the Koperasi on their behalf is like asking the right hand to negotiate with the left hand.
The villagers have been led by the nose by Sugumaran and Thamaraj with their biased pro-BN political agenda.
Complain about this comment
Like or Dislike:
0 
0
Fatimah Z says: “PR – ready for your tsunami! It’s coming..ooohh it is coming!”
Led by your goodself and which army? Puteri UMNO?…
Complain about this comment
Like or Dislike:
0 
0
Interesting indeed! When will we get to the bottom of this and the TRUTH finally revealed?
Was the transaction done quickly despite the victory of Pakatan by officials still in the pockets of BN? And LGE could do nothing at the time because all files were missing? KSK can answer this.
Are Makkal Sakthi Party and Human Rights Party now in collusion with UMNO? Uthayakumar and Thanenthiran can answer.
And the folks of KBP themselves can narrate the sequence of events to expose the culprits to the Rakyat.
We need to know the TRUTH, the whole TRUTH and nothing but the TRUTH – so don’t ask the courts!
New Malaysian
Complain about this comment
Like or Dislike:
0 
0
What Fatima Zuhri said was obviously expired points during the initial heat up of KBP issue. When the public started to get informed. You can’t play this cards anymore.
Kena rajin baca media lain Cik Fatima. Jangan hanya baca Utusan and Harian. Boleh jadi bodoh, tau tak?
It’s funny how (UMNO “cybertroopress”?) Fatima Zuhri making such stupid comment which allowable only to give chances to all other reasonable commentators to further educated the public in countering her one sided points….
Complain about this comment
Like or Dislike:
0 
0
Anil asks, “Can the Buah Pala village be saved from demolition? Will Umno and the BN make a dramatic gesture and intervene in an attempt to recover lost Indian Malaysian support for the BN?”
The answer is “No”. Umno is not that type of party. It’s always profits first, people second. To save 23 families will have no impact on the Indian electorate especially when many people think the villagers have been too greedy for their own good.
In any case, most people do not view this as a racial matter despite Hindraf’s best attempt to turn it into one. It’s a case of squatters against developer.
The villagers should come to their senses and accept the reasonable compensation given by the developer now. Their court case has reached an end. Expecting Umno to come to their aid is fanciful.
Complain about this comment
Like or Dislike:
0 
0
Fatimah, are you aware how Gerakan has been jarun cucuk to these Indians of Kg Buah Pala behing all the while to teach them make terrible heavenly demands from developers?
Its impossible to fullfill them like wanting RM3.5million per family, these Indians are
turning to UMNO, its all planned by Gerakan so that they go back to Omar Fauzar, and umno becomes the hero!!1
Fatimah, do you know who is Omar Fauzar?
He is a UMNO Division in where Kg. Buah Pala is…
… Remember, Gerakan Penang has been facilitating UMNO Penang past 38years…..
Fatimah, apa you tau on Penang?
How many kampung under KTK washed away by this pattern like Kg Buah Pala?
Do you know what stood now at bukit jambul an area 3storey multi million bungalows, was once upon a time a lond to me made into mediun cost flats?…
No one Exco from MCA UMNO GERAKAN go against it, why?
KTK would ok… KTK dont care UMNO div heads become rich…
GERAKAN & UMNO Penang left so much mess for LGE.
Fatimah, what you know of Gerakan?
KTK will never come forward, a political in Gerakan will never come forward just like Lim Chong Eu.
They faciliate UMNO.
What is happening to Kg Buah Pala today is, Gerakan (allegedly)
facilitate UMNO. Lim Guan Eng is trapped.
Complain about this comment
Like or Dislike:
0 
0
Dear Anil,
I think they should accept offer from Penang Goverment..and all the problem..gone and forget this Darshan guy. Sympathy for Kg Buah Pala resident
Complain about this comment
Like or Dislike:
0 
0
Initially I was all for the residents of KBP (in my earlier posting here) when they were being painted as arrogant, selfish, greedy etc. By going down on their knees to the DPM at Pmtg Pasir and now to Umno, they have now shown their true colours and I retract all my support for them. They (except for a few) have indeed shown themselves as being ARROGANT, SELFISH, UNREASONABLE n GREEDY to the core.
If anyone is to be blamed, it is the residents of KBP themselves. As I stated in my earlier post here, they have put sand into their own rice bowls, and as if that is not enough, they went and dug their own graves too, deeper and deeper by the day.
Even then, I still pity them for the predicament they’re in now, but to lent support (physically and morally) to them, I say no more, for they themselves have burnt the bridge and now there’s no returning for them anymore, come rain or shine! CIAO!
Complain about this comment
Like or Dislike:
0 
0
Never in Malaysia have a group of squatters been so pampered. Just because it is a PR controlled state they think they can demand, abuse and threaten the state govt with impunity. Enough is enough. Bring in the bulldozers!
Complain about this comment
Like or Dislike:
0 
0
Never? Are you sure? What do you make of this?
http://ckcounterpunch.wordpress.com/2009/08/14/kg-buah-pala-penang-cm-urged-not-to-mislead-the-public-on-issue-of-compensation/
Complain about this comment
Like or Dislike:
0 
0
Congratulations to those who had agreed to take up the State Government led initiative to accept the 500K double storey house as offered to them as part of the settlement to the KPG folks. You had made the wisest of decisions, and your generations to come will be thankful for the decision you had taken. Honestly, how many per cent of Malaysians in Malaysia live in a house that is worth 500K? How many per cent?
To those who are wiser, and have better cable and connections, yes, they had a right to approached UMNO, they are indeed very smart and able, and they will be rewarded with a 3.5million mansion each. Continue dreaming wise folks….
Perhaps, now they have the assistance of so many able person in the MIC and Uthayakumar. Uthayakumar? The present Uthayakumar? Or the one before he was detained under the ISA and released conditionally? The one after the ISA release is irrelevant to Malaysian politics now. Hindraf? It is a banned organisation! Organisasi Haram!
Folks, let us all be clear the Indians are no fools as far as politics are concerned! They are the biggest democracy in the world! They as the majority Hindus in India, appointed a Muslim to be their president. They as their majority Hindus in India voted Sonia Gandhi’s Congress to lead India. Sonia, is Italian. Do you think the majority of Malaysian Indians are fools that can easily be led by the herds mentality? Sorry, no, especially for a greedy cause. For a righteous cause, they will swarm the streets! As the reverred, Mahatma Gandhi said, I quote, ” We have enough for everyone’s needs, but we do not have enough for everyone’s greed, unquote. This sums it all! They are far superior in political thinkings than us! Fatimah? If you do not understand, please read more books on democracy in India, and on the sacrifices of Mahatma Gandhi in his vision to make India a great and peaceful country to live in and to be competitive in the world stage, not only within!
Fatimah? Who really are you? Your mentality and outlook on Malaysian politics seem so shallow! You probably had read too much Utusan and Harian! Those papers breed people like you, create people with the kind of mentality that you have….Continue to dream Fatimah, continue to dream.
Complain about this comment
Like or Dislike:
0 
0
Harry,
Even if it was a land scam, the Federal Court has ruled that the land was properly alienated to the Koperasi who are now the rightful owners of the land. What can LGE do? He has no power to reverse the court’s ruling no more than Datuk Seri Nizar has the power to reverse the Court of Appeal’s controversial ruling on his MB status.
Getting the land back is out of question. LGE has done his best to negotiate reasonable compensation for them. It’s the KBP folks who have been given false hopes by Hindraf and MIC and are being hard headed.
The Star reports Sugumaran announcing triumphantly that 8 families who accepted the double storey house offer have returned their signed agreements to the developer. If they end up with nothing, who do you blame? LGE again? Why not blame their own greed or foolishness in believing that Umno can help them? Why not blame the one instigating them, Sugumaran?
Complain about this comment
Like or Dislike:
0 
0
There is still the matter of the restriction on the temporary title in the Koperasi’s name, which forbade all transactions related to the land.
Complain about this comment
Like or Dislike:
0 
0
Hi Anil
Let me highlight the relevant passage in the website you have cited –
“Both villagers from Sg Ara & Kg Buah Pala are no squatters, they are TOL owners of the land & land premium paying law abiding citizen until for the case of Kg Buah Pala the payment were stopped by the bn state government.”
Now, please enlighten us on how do you comee to the conclusion in equating TOL and owners collectively as TOL owners. TOL holders are licensees, they are not OWNERS. TOL means (TEMPORARY occupation license)Stop misleding people into thinking that a licensee who pays premium is an equivalent to a legal owner who pays quit rent.
By your anology, everyone who buys a leasehold property now knowing that it is a leasehold property, hence benefiting from the cheaper purchase price will rally agaist the government 99 years from now if their lease is not renewed and demanding that they are also owners similar to a freehold owner. Additionally, they may claim that they have stayed in the land for 99 years and hence it is unfair for them to leave or for the lease not being renewed. In this case, KBP villagers knew that they have been paying land premiums for decades because they are licensees.
The law demands certainty, a licensee is a licensee, a leaseholder is a leaseholder and only a freehold owner can have indefeasible rights over their land.
What you think is fair for others to have (e.g. KBP villagers) might not seem fair for others to swallow (e.g. people who are deprieve from their so-called non-existence rights & who comply with the law)
This is nothing about humanitarian. This issue is just common to the issues faced by other squatters, licensees and leaseholders (thinking that they are freehold legal owners) thoughout the country. The interesting this is, and what adds to the spice for KBP is that the villagers are using racial tones to fight for something over and above what they are not entitled to have under the law.
When you are not entiled to something and someone gives you some goodwill compensation, you take it. You dont jual mahal.
Complain about this comment
Like or Dislike:
0 
0
Hi Anil
“anilnetto
August 23rd, 2009 at 5.30pm
There is still the matter of the restriction on the temporary title in the Koperasi’s name, which forbade all transactions related to the land.”
I am a lawyer and no.. I dont buy your argument. Why?
Simply because, all these restrictions can be waived or exempted by the EXCO. When you apply for a planning permission from the local authority, you would need to sort out your land matters too (e.g. no contravention of category of land use / land restrictions / conditions). Since, the planning permission was granted and there is no indication that it was granted subject to conditionals, I am tempted to believe that issues relating to any restrictions of land use would have been sorted out.
Additionally, identifying & sorting out restrictions on land / non-compliance with categories of land use is the very first thing any lawyer or the lawyer for the developer would do in any project development..
Hence, I would humby disagree with your argument.
Complain about this comment
Like or Dislike:
0 
0
Since you are a lawyer, perhaps you could tell us if it is normal or valid for Council permission for a project to be given before the land title is registered in the name of the land-owner undertaking the project?
Complain about this comment
Like or Dislike:
0 
0
LOL…U lot are funny
1. When BN (allows the developers to) bulldoze houses that were build on government land – BN Zalim, BN Jahat
1. When DAP and Guan Eng (allow the developer to) bulldoze the whole Kampung Buah Pala -
Org (kampung) memang degil, … Those ungrateful lot, Penduduk KBP hungry for money..etc.penduduk KBP itu dan ini.
Complain about this comment
Like or Dislike:
0 
0
Ken ,
Thanks for your comment, but I remain unconvinced by LGE actions.
My knowledge, says if the transaction can be proved to be a scam, then the villagers have very right to seek to overturn the transaction. That remain the crux of the issue. All documentations related to the transactions are with LGE office or can be obtained by him.
Of course there are other issues , as already mentioned in some previous posts about the covenants in the title deed and whether a development order can be issued without the title is obtained etc. But as previously done, I refuse to go there as I remain at the crux of the issue. Is the land transfer a scam or not? Is what LGE said (alleged) scam of the transfer. true or not ? That’s all .
Complain about this comment
Like or Dislike:
0 
0
Let these people go to UMNO. I have no patience with them. Their greeds and unwillingness to listen to proper advise got them where they are.
Complain about this comment
Like or Dislike:
0 
0
Dear Anil,
I demand that following comment must be removed because this is repetitive comment:
Fatimah Zuhri August 23rd, 2009 at 6.14pm
Complain about this comment
Like or Dislike:
0 
0
Is it an exact repetition? Lots of people here say the same things repeatedly in different ways.
Complain about this comment
Like or Dislike:
0 
0
Hi Anil
To answer your questions on whether it is normal or valid planning permission to be granted where the land titles are not duly transferred to the developer.
Yes, it is normal. Yes,it is also valid.
Planning permission is granted by the local authority. However, land matters is governed by the land office. Legally, a developer merely has to have the consent of the land owner to develop the land. The developer does not have to own the land at all.
Now, ownership of the land and compliance with restrictions & land conditions are separate matters. The local authority would be interested to know if there is any non-complaince with any categories of land use, restrictions and other implied or express conditions to the land. These will indirectly affect the ‘planning’ part of it. However, the local authority is not interested in whether the developer is the owner of the land or not, provided that the developer has obtained the relevant consent of the land owner, if it is not the registered owner.
Again, as these are basics, I’m sure the developer’s lawyers would have noticed these preliminary issues in advance and secure their position one way or another. Hence, I am not putting much weight on that argument unless we can say for a fact that there is no consent or waiver whatsoever. If that’s the case, LGE would be the first to jump up at that. The fact that he did not just tells you that the former EXCO MAY have done something to legalise everything or the developer has some written consent / waiver / approval on that matter.
Complain about this comment
Like or Dislike:
0 
0
Thanks for the clarification.
I was not referring to the developer getting approval for the project with the consent of the registered landowner.
What I mean is, is it possible or valid for the MPPP to give permission for a project when the full premium for the land has not yet been paid by the buyer of the land and before the title has been registered in the name of the buyer (i.e. the landowner – Im not talking about the developer here)?
Actually, I was hoping to see the outcome of the probe by the state government’s investigative committee. But so far… nothing.
Complain about this comment
Like or Dislike:
0 
0
Dear all,
UMNO very rich. Just use Petronas money to pay each villagers 3.5 million. if 100 villagers, only 350 million. Cheap cheap to get back Indian support. Or we could do another way, pay Numestro for them to cease development. 1Malaysia, the recent government 1Malaysia bond fund collected can be use to pay Numestro this money….
(After all) the MACC (is unlikely to) investigate UMNO, even Khir Toyo can be escape and declare the cleanest MB in Selangor.
Complain about this comment
Like or Dislike:
0 
0
Hi Anil
I got what you mean. Normally, that should not be the case, but in any event, that would be the land office’s concern.
But, to your question as to its validity, I can see no reason as to why the permission would be invalid as the land office cannot enroach upon the jurisdiction of the local authority. They are both governed by different set of laws.
In any event, if the local authority grants them the planning permission with their express knowledge as to the current position (i.e. there being no misrepresentation in the application), the local authority is bound by their approval.
Any revocation would result in compensation payable unless the local authority revokes it due to non-compliance of any conditions attached to the planning permission (Yes, they are usually tonnes of conditions imposed)
It is important that we bear in mind that whatever is abnormal, unusual, not conventional /questionable does not mean it is illegal. It is not illegal if everything is done transparently, with the proper approval / waiver / consent obtained.
Of course, the question of whether the party granting the approval had granted what it is not supposed to grant is a separate matter altogether. That would be matters involving good governance and the ones who have the ultimate say, is the people who exercise their right to vote in the GE.
Complain about this comment
Like or Dislike:
0 
0
Anil, I’m sure you’re aware that irregularities in the approval process or even the land transfer do not make the KBP villagers the legitimate landowners. Those are moot points to the central issue of whether the villagers have the legal right to claim the land as theirs.
If they were the legitimate landowners why were they paying TOL fees to the land office instead of quit rent? They cannot hide behind the Helen Brown trust as the trust was already dissolved at Independence.
I’m know your sympathies are for the villagers but this is nothing more than a case of residents refusing to move out when their TOLs have been terminated. They are lucky to be offered such good compensation due to their case being publicized and politicized.
Now they continue to politicize it to Umno instead of accepting the developer’s reasonable offer. Will the public have sympathy for them if their houses are demolished and they get nothing?
Unfortunately they are led by Sugumaran who is not interested in settlement but in furthering his political agenda. When the bulldozers come, he will not be affected as he doesn’t even stay there.
Complain about this comment
Like or Dislike:
0 
0