The Kampung Buah Pala land in Gelugor was once owned by David Brown, a wealthy spice plantation owner during the early British colonial era in Penang who died in 1825.
Title to the land eventually reached one of his descendants, Helen Margaret Brown. For more information on David Brown and his descendants, go here and here.
Check out this copy of the Straits Settlement “Grant of Land” bestowing title to Helen Margaret Brown in 1938:
A lot has been said about the High Chaparral residents being “squatters” (setinggan). Many of them are actually descendants of workers brought in by the Brown family, who allowed them to live on the land.
On the reverse side of the Grant of Land, we can see the “sub-divided Lot 691 acquired by Crown for housing Trust – vested in Crown on 12.4.(1954?)”.
So where is the actual Housing Trust document? Isn’t the Penang Land Office supposed to have a copy? Why hasn’t the actual trust document been made public?
When the housing trust was dissolved in 1976, the land should have gone to the Federal Government.
So how did the previous Penang government alienate the land to the Penang State Government Officers Cooperative? How did they satisfy themselves that they had title to the land? State government leaders then have a lot to answer for.
Why didn’t the present administration, knowing the controversial circumstances surrounding the land following the promises made in the general election campaign, keep a sharp look-out on this land deal and double-check the actual land status before the transfer to the government officers cooperative was effected in March 2008? Was it merely an administrative matter that the present state government could do nothing about?
Antares,
Please let me remind you that Malaysia is not a socialist state. It is a country with a capitalist form of democracy which should respect the rule-of-law and a socialist form of justice but NEVER at the expense of the rule-of-law (no matter how deserving)!
We all gripe and cuss at the undemocratic UMNO/BN fellas and their lack of adherence to the rule-of-law then we come out and make High Chaparral sound like it is the epitome of good against evil. It is not!
Whilst I truly sympathize with the residents of Kg Buah Pala and their plight, turning this into a racial issue will do nothing more than set those who dream of a fair Malaysian Malaysia back! And the only thing that those seeking a Malaysian Malaysia have to continue the fight with from a high moral ground is the championing of the rule-of-law (no matter how distorted it had become under UMNO/BN).
Until and unless we can bring back the rule-of-law and hold all those who would break the law accountable, we would all be marginalized, not to mention the Indians of Kg Buah Pala and throughout the country!
Understand that unless you are an UMNO/BN member supporting the warlords, we are all marginalized! Malays, Chinese, Indians, Ibans, Dayaks, etc. Also understand that we all want to break free from the UMNO/BN yoke but making a stand at the High Chaparral against those who are on your side is counter-productive.
The fact of the matter is somewhere along the chronology of time, a trust was broken. But remember this, for non-charitable trusts under our trust laws, a trust (no matter how good it’s original intentions were), only last “a generation and 21 years after that”! This is the law!
The fact of the matter is under current Malaysian laws, the current residents of Kg Buah Pala are squatters, occupying homes which does not have planning approval, intent of the original owners of the land notwithstanding.
Accept that the reality of the present residents of Kg Buah Pala have no ‘locus standi’ and having no legal grounds, why the harsh ultimatums? Why not the sympathy angle? Hindraf got this entirely wrong I’m afraid and sorry to say. Penangites will not let the High Chaparral be turned into another concrete mass but arrogance that they are owed a home are making those who sympathize ‘turned-off’.
Personally I sympathize with your cause but I’m reminded that I can only talk if I stand on the right side of the rule-of-law. To me this is a difficult situation without us non-residents getting involved and make things more complicated.
Dalbinder,
The above should explain why I chose not to be involved with this issue you are fighting for. In short, you are barking up the wrong tree and you are alienating the very people who are on your side but working behind the scenes to find a solution!
Think not as an Indian and more a Malaysian (with respect for the rule-of-law) and we have a country to win.
Leave the emotions aside. Emotions serves no purpose in present day Malaysian politics. It changes nothing and only bring counter emotions into play which is not needed!
Antares, I’m disappointed that you chose to see this problem with racially tinted glasses. I had expected more from a person who showed such wisdom in the past!
If only we all could step back and let the present Penang Government find the solution. Why are we so impatient towards a fresh term LGE government, when we had tolerated an unfair UMNO/BN government for 52 years?
Be fair.
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Kg Buah Pala residents have gone overboard and misled by certain parties, especially Hindraf who tried to instigate their feeling, act like the ethnic hero.
Look at the way some of the committee and Chairman of the residents, Thamaraj and the secretary, if not mistaken, what they said in yesterday paper.
“HOW MUCH STATE GOVT HAVE TO PAY THE DEVELOPER IS THE STATE GOVT PROBLEM. THEY JUST WANT THE STATE GOVT TO GIVE THE LAND TO THE RESIDENTS.” C’mon, talk like State Govt or Penang’s tax payers owe villagers in Kg Buah Pala lot of money? and must give them the land.
This is arrogant and outrageous statement.
From this, clearly those so called representatives or committee are erely act ignorance. Yes, PR rep could have promised to help them settle the land issue during GE but if the residents really want to settle the issue, do you think you should act so arrogant in the entire episode? Threathening State Govt, protesting and etc.
If want State Govt to help you, why can’t sit together and work out properly with the authorities and instead using threathening language, raise racial issue.
Now, legally Kg Buah Pala village have to be demolished due to the court order. That is very clear unless the villagers file an appeal. Yet if the Chairman and the committee still act so arrogant and confrontationally, as if they still own the land. If the village really have to demolish soon, lesser peoples will shed tears on the villagers.
Look at what happen on repeal of Rent-Control Act more than a decade ago. The number of peoples suffered definitely many times more than the villagers in Kg Buah Pala, but if the law had been passed , one have to find way to deal with it. Lot of peoples have been forced to leave the rented houses which they have stayed there for few generations. At that time, no compensation at all. So, why nobody hoo haa at that time?
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My view is that since all civil servants are the coop members, LGE can’t be seen to be fighting the whole administration; unless we want to see the total collapse of the Penang admin. Obviously the snr staff engineered the transfer (there is so much $ to gain for every member). So now, how do you fight every member of your staff?
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Vote out DAP, but not PKR and PAS in next election to teach LGE a hard lesson.
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1
Why vote out Pakatan, must vote out all Barang Naik reps.
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It is shocking the way Pakatan supporters here lash out at Anil for daring to speak out agiasnt LGE and PR.
Arent you guys forgetting that it was LGE and Anwar who made the promise to save the village ? Isnt that the only critical issue here ? Whether KSK started the issue or cheated the villagers is another matter that is while important, is not an urgent one that should concern the CM now.
However looking at the declassified documents, they do not stand up to LGE’s claims and his past (and numerous ) claims about “land scams” just proved to be the case of the boy who cried wolf. So I wouldnt want to hold my breath.
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NKKHOO
Eh?????? Anwar was said to have been in the kampng and promised to fight for them? So vote PAS in only. And you know something – vote Gerakan Back – you are crazy!
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K, do you have any evidence shown LGE promise to save the village? If your statement just base on hearsay. Then better keep your mouth shut.
But that is besides the issue.
Even if PR govt did promise to help the villagers, do you think the action taken by Kg Buah Pala residents esp. its Chairman and committee reflect they really need State Govt to save them?
They are digging their own grave and lead the villagers going down with them as well. Am really pitying the villagers but certainly not the Chairman and committee.
Am still wondering if Chairman and committee of KG Buah Pala really want to save the village.
Yesterday, they even have the time and money to produce 20,000 dvd to show the promise made by PR during election campaign and try to discredit the state govt.
Yes, they may want to show a point here but don’t you think their priority is to work with the authorities and get back the land for the entire villagers since they have lost a fight in the court, rather than spend time to discredit the state govt? Furthermore, State govt didn’t just sit in the office and do nothing about the case. PR govt with DCMs YB Ramasamy and YB Mansor have tried to help them.
Hey, if you all remember our ex-PM also promised Penangites Monorail and Outer Ring Road during election and even announced to the entire nation.
It was also came from ex-PM own mouth.
Now, both have been scrapped. Do you see Penangites burning DVD, everyday condeming BN govt and etc.
We have to be realistic. If Kg Buah Pala’s residents expect State Govt to forge out millions to help the villagers. State Govt will not only lost the vote of 23 families and the Hindraf votes but thousands of Penang Tax Payers as well. PR govt not only responsible to residents in Kg Buah Pala alone but the rest of Penangites as well, whether it’s Malay, Indian or Chinese.
If the Chairman and committee continue with their arrogant act as if Penang Tax Payers owe them millions.
Would sadly say Kg Buah Pala’s residents do not deserve any help from the state govt.
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People, is LGE doing anything to save the village or he only have one way – letter writing to PM?
make promises within means, not making promises then rule and cannot deliver.
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Wisdom123,
Like I mention before to Anil, Subject to the requirement of the State of Penang. What would be you best solution of resolving the issues without forking out the money. Belong to Penang’s taxpayers.
Anil’s exposure of this document only provide an avenue for Kampung Buah Pala of contesting for the claims of the High Chapparal. However, remember the pronouncement of the judgement in favour for the developer by Federal Court.
Wisdom123,
What makes you thing that villagers would win this time even with this present of evidence. Have you forgotten Nizar’s case? If LGE proceeds with what Hindraf & Darshan’s recommendation & lost, then what next? Millions of dollars compensation….Plus imposing punitive penalties on LGE government…….I bet with my last dollar that these clowns would wiggle out of it, leaving LGE & Cos…..Facing the music
Wisdom123,
If that happens, I guarantee that LGE would lose the election……..
People,
It’s always about the money….Even the Kampung Buah Pala’s folks……Should all parties seek for win win solution??????? One can win all the time……
I say if LGE wanna caveat the land, force Numentero to build public housing, compensate those villagers with money & public housing……Get a PR exercise for LGE….
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My apologies to you Wisdom123…..Wrong target…..It’s meant for those detractors who have been complaining without understanding the issues…..
Hope you accept it?
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D bottom line here is alleged land fraud. D trust land was transfered in dubious manner and it was (allegedly) confirmed by Guan Eng , Ramasamy & Karpal Singh. It seems tat DAP is no better than the BN govt. By rite they shud logde report to the police and MACC and take the previous BN and the developers to task, but it is not being done. LGE & CO must remember tat they need the same people to vote for them. In short, LGE is doomed to be the shortest term CM of Penang if he dont walk his talk.
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The Kampong Buah Pala villagers have been acused of being greedylah, aggressivelah, stupid lah, arrogantlah and what not by some idiots in this and some other blogs.
These villagers have been struggling for decades to get rights to their land by many appeals to BN govt in Penang. Finally, Koh Tsu Koon almost buried them in March last year. Now Lim Eng Guan is putting the final nail into the coffin.
Watch out! Remember Khir Toyo and his handling of Kg Jawa issue. Khir Toyo can say good bye to his political career now!
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If race is the issue here, than Hindraf should forever reject BN for making the Indians 3rd class citizen (thats what the indians feel as translated by their 18 points demand). We the Chinese Malaysians is made 2nd class and forever we will reject BN. (Here I emphasised 1st, 2nd and 3rd class by the way political material are worded…first malay, 2nd chinese and 3rd indians). If you want a truly 1Malaysian (not 1Malaysia), than make sure to vote in PR and we the rakyat will be the ultimate king maker.
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A good piece of legal research..
http://mt.m2day.org/2008/content/view/24239/84/#jc_writeComment
See, without the hoo-haa.. the lawyers / activists representing the villagers may take such steps to make it clear the options available to the govt.. instead of protesting and threatening..
So the end result is still the same, an investigation is needed for a reversal of the transaction under the NLC.
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All this screaming for and against the Penang State Government. The PR administration has apparently responded very weakly in this affair, and in attempting to capitalise on that, Gerakan has decided to jump on the bandwagon to find fault but forgets that the situation was of their own doing when the BN state government was in power. So people should make up their minds who they are supporting and why one should not legitimately criticize a political coalition that one supports.
If that political coalition is mature in it’s vision, it will look at criticism as a healthy democratic element and NOT something to be suppressed. To be in public office and to be criticized is a natural phenomena. Those in public office should NOT expect NOT to be criticized. They should realize they are NOT perfect. To silence criticism is a repressive action in line with authoritarian and despotic government. Is that what we want? Then CAT has no meaning.
Moreover, the PR has to be more mature and progressive in its thinking regarding the Kg. Buah Pala issue. If the State Government finds it legally impossible to acquire the land in question, then can it not deal with the developers in a different way? Is it unable to demand that housing be provided in the same location for those unwilling or unable to move from their present location. If this involves land that is productively being farmed, can this not be preserved for better environmental conservation? Penang has already lost so much of its agricultural land to so-called development that brings more problems socially, economically and environmentally. Do we want more of this unproductive depletion of our quality of life here in the form of pollution, haze, stress, crime and more? Thank you for your contribution to the increase in greenhouse gases, rising sea-levels, climate change and the emergence of new strange diseases like AH1N1 flu!
Thank you Anil, for talking about issues. Wonder how many people understand what that means?
Overall, it appears that neither the former nor the latter Penang State government has in fact made noticeable efforts to consult the ‘rakyat’ before imposing so-called development on them. They only seem to focus their efforts on vote collection but without concrete justification as to why we should give them our votes.
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I read a news report somewhere where Lim GE mentioned he never promised the residents that he would solve this issue for them. However, as a state leader and a elected representative, he would not absolve himself from this.
He did not attend any ceramah where this topic was brought up.
It must have promised by some other PK if indeed there was any promised made.
Nowadays lies are just simply tossed about.
If they are repeated often enough, people will believe they are true.
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People,
It seems you guys have forgotten Nizar’s case. Especially it’s also very very clearly cut that Nizar is still legitimate MB. Especially one renounce ex-judge commented on this case & found it to be in favour with Nizar
Nobody seems to ask if Darshan & the gangs proceed with this & lost. What’s next?
People,
Have you watched Master & Commander? Jack Aubrey, the Captain decided to sail to Galapagos Island. He had promised to his long time friend, the Surgeon, Stve Mataurin that Steve can explore the island with his heart content. However, then came the revelation that the Privateer, Acheron has inflicted terror on English Whalers by taking over the ship & its precious goods.Jack Aubrey decided to proceed the manoeuvres without setting foot on Galapagos Islands. That infuriated Steve.
Steve mentioned about the broken promise by Jack Aubrey. Jack responded that promises are subject to requirement of the service. Steve mention that to pursue Acheron, one need to circumvent the long thin Island, suggesting that he can walk briskly across. But Jack insisted against……
Is Jack a tyranty? Is Jack stubborn? Not listening to reasons…..Especially to a certain extent Steve is true in his arguments
People,
It’s not easy being the state government where the federal government is from the opposite party. Hence, one got to be careful of all actions taken. One can’t afford to make mistake. At times, one got to take colateral damage
Some Kampung Buah pala folks are too stubborn to accept any other solutions….Hence, it’s difficult to help them in helping themselves.
Glancing at the document. Seemingly good idea. However, one got to very pragmatic when comes to situation. At times, High Chapparal folks got to go means got to go…..
Perhaps, it’s a blessing in disguise
Anil,
Remember the old testament where some Isrealites moaning over what good they would have become if they live in Egypt.
But then, after all hardship, Isrealites finally got a better….A Land flowing with milk & honey
Sometimes, one has to let go…..Don’t you think!
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kakipulau
Critise is all talk and NATO. In the end is no action. What solution you are offering to the villagers?
You are just another Green like Brown of Green party of australia. They can critise because they are not the the government and does not want to be in the government. If you are talk about greenhouse, then U should talk to UMNO – the Federal Government.
As for development, you should objects to the DA plans when the developers wanted to built highrise and not when the plans are already approved.
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The sad thing here is that LGE and his incompetent exco are far more concerned about absolving themselves of blame than actually solve the problem.
Despite all the talk, the solution he offered the villagers is exactly the same as what KTK did. He just telling them “Take the money and get out of the way”.
I am very sure that, based on LGE’s track record, he would have done exactly the same as KTK’s govt had the issue cropped out during his tenure. Pakatan would be telling the villagers that they must make way for development and not to listen to BN. Unfortunately, Hindraf is right LGE and Pakatan are margainalizing the villagers as they are Indians.
This is the 1st critical test for LGE and he has failed miserably.
Again, this issue only strengthens the feeling among Indian community is that Pakatan and DAP has betrayed the community after benefitting from their votes in GE 12.
Well, we will teach you a lesson in GE13.
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Mr.Anil,
Thanks a lot for highlighting the background of the Kg.Buah Pala land issue regards to its title and ownership. Why are nobody talking about the hijack of housing trust? Why LGE government endorsed the sale initiated by the previous BN government? DAP government is practicing double standard when come to meet indian issues. I agree with HINDRAF views on this issue. Dont blame HINFRAF and find fault with them. DAP and LGE make use of HINDRAF (Makkal Sakthi) only
to woo Indian votes to win the election and nothing more. Let us see him and his government in near futue 13 GE.Long live Makkal Sakthi and Indians.
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Ever heard of that priority which says “first things first?
Or, that other one which says “stupid is as stupid does”?
You can choose the destination to good government or continue with more of the same farce.
That choice and destination is entirely up to YOU as the wise citizens who can choose to apply your focus and power based on those two sayings.
So which one is it going to be I wonder that will impact upon and determine what happens in that GE13. Smile.
“Imagine Power To The People” John Lennon.
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All the KTK apologists here should reflect on the fact that their master does not even have the decency to provide an accountability to the people of Penang in respect of the many land scams.
Shame! Shame! Shame!
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Some of you are missing the point. PR before the land was properly alienated promised, via DSAI that the matter would be looked into. We all know the video.
Yes, TKT started it but people are angry with LGE because they said they are better than BN and that they will look into it properly.
As for alienation, it can be defeated. Learn more about the National Land Code. Even when registered it can be defeated. So what more when its not fully done procedurally? Think again.
TKT probably started it and LGE finished it off. Let’s face facts.
More importantly, most of the residents are happy with what they got … is that untrue?
Let’s not forget … the lawyer did not do that great a job also. He is not known to be a good lawyer. If you are in the legal scene you will now where he ranks. That is a fact too.
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