Buah Pala villagers miss noon deadline

1300: Kampung Buah Pala residents have not met a noon deadline to accept a compensation offer by Nusmetro, according to a contact at the scene.

In a just concluded press conference, they expressed anxiety over the conditions attached to the offer. They claimed that Nusmetro’s offer itself was illegal as the temporary title to the land in the Koperasi’s name prohibited any transaction.

They also said that the offer of cluster houses was dependent on the developer securing all necessary approvals from the relevant authorities, and there was no guarantee that it could. No buyer in a normal property development project would accept such a condition, they argued.

They were also unhappy at being asked to drop all legal suits.

They pointed out there were 65 families in the village and only 24 cluster homes were offered.

The press conference was held at noon, the deadline given by Nusmetro for the villagers to accept the offer. Earlier, the developer had warned in a letter that it would execute the writ of possession if the residents failed to leave the village by noon.

The villagers had faxed a letter to the Chief Minister yesterday asking for more time to consider the offer. They only received the detailed house drawings after 5.00pm yesterday.

Meanwhile, a small group from Pas, including Kota Bharu MP Wan Rahim Wan Abdullah, visited the villagers yesterday evening.

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57 comments to Buah Pala villagers miss noon deadline

  • Guys, read the below statement, does it sound like a good deal?

    “The offer letter says that if the developer is unable to get planning and building approval from the relevant authorities, the (ex gratia) deal is immediately null and void and the residents will be unable to make any claim on it”

  • The villagers must realise that patience has its limits and they should not push their luck too far.

    The Penang state government has to rule the state and take care of its 1 million or so people. As it stands, too much time and resources are being diverted to 24 families (now 64?) which is not fair. Much as the public sympathises with the villagers’ predicament, sentiment is now slowly turning against the villagers.

    Since land is limited and precious at the site, I propose that each of the 24 families be given a house with 3 (three) storeys to accommodate the extended families. This should only involve minimal extra costs. The houses should be built according to good building standards and perhaps the state government through its agencies and departments or through PR, could ensure this. While under construction, the state could, as a goodwill gesture, give the residents assistance with temporary accommodation.

    Alternatively, all the families could be relocated to Seberang Perai as was offered previously on suitable plots of land for them to live and to earn a living.

    The villagers should not demand for the moon nor expect that all their demands and expectations to be met. They could end up losing everything and few will sympathise with them.

  • K

    Yeah right…

    LGE is the God of Kindness and Justice and the KBP villagers are “greedy BN supporters”. Those who support them must be racist Hindraf and MIC goons.

    Folks, don’t underestimate the villagers and their supporters. This decision will haunt LGE and DAP for a long long time. … just like Khir Toyo (and the) Kg Jawa issue.

  • “The villagers live on 24 property plots, ranging from about 3,000-5,000 sq feet each, with one even 13,000 sq feet. Quite a few of these plots have additional pondoks or extensions for extended families to live in. – Anil ”

    So allocate the new houses to them proportionately based on the current size of their land.

  • sltan,

    your bad experiences should have made you more sensitive to the plight of the people of kg buah pala. Wouldn’t you had wished that someone in authority had stood on your side against predatorial businesses and scheming and scamming civil servants ?

    Let’s get some perspective folks. Don’t just blindly hurled insults and unkind insinuations when one refused to see or acknowledge the facts of the case.

    Any right thinking, emphasise been “right thinking” persons could see that a wrong and an injustice had been committed. I hope that with pas now entering the fray there is some semblance of hope. Lge is hopeless. To think that I had defended him in the early days when this issue erupted. I stand by what is right and not by who should be right.

    Perhaps Cool Observer should also call for my ban in anil’s forum. Cool Observer should step back and really see the bigger picture.

  • Tammy, your call is well intended but the injustice must not be forgotten or even gloss over. Justice for one is justice for all. What will happen if some predatorial businesses in collusion with some greedy civil servants came and “fix” your property just because there is some gray area to the title deeds ?

    The issue is not about compensation nor the legality of the issue nor even the court order but about a wrong perpetrated on a helpless group of people. If we can’t accord them basic decency and justice what hope is there for the rest of the rakyat.

    LGE is NOT important but a system of governance, practices and precedences that he will set is very important. We have so easily forgotten the “good old days” when bn rule and run roughshod over one and all who stood in their way of acquiring filthy lucre.

    Why is lge now playing the helpless victim game ? He even acknowledged that there were elements of fraud. So why be complicit in the act ?

  • Bottom line is they dont own the land. Even if LGE can prove that the land deal was illegal in court, he should still kick out squarters. Else everyone will also illegally occupy land. We must follow the law regardless how long you have been breaking it.

    ps……I have equal compassion for hardworking penangites facing difficulty paying their house loans during this economic downturn. Maybe LGE should also bully the banks to cancel these debts.

  • i suspected that they will reject the offer. there are many hands in the bowl.

  • K… Why are you still supporting KTK? You realli duno how t distinguish your friend and your enemy! Shame on you!!!

  • LBC
    August 7th, 2009 at 5.13pm

    nkkhoo
    If your ancestor got con of RM10mil, blame on your ancestor for being so stupid. Don’t blame any other body else after so long. right?

    ===

    I think your have to improve your comprehensive skill in English fisrt before engaging discussion here.

    In the same token, the blame shall be on LGE’s ancestor for cheating KBP resident in his party’s promises made during the last GE. Huh?

  • The Brits ruled and occupied this country for over 200 years,so my guess is,one day,all the Brits will start to scream..”THIS IS OUR LAND..WE WANT IT BACK!!:-)
    Got info,the settlers have collected RM12k and is sending a “delegate” to meet UN officials..:-)

  • 1. If KBP residents do not want the 99yrs dbl-stry house, perhaps they can seek MIC SamyVelu to get the RM3.2Mil and share amongst the 24 houses’ residents….
    3. I am Penangite, staying 5 mins drive from HighChaparel. I feel sorry for them of course. To be honest the herd of cows roaming the busy YeapChorEe Road is so risky. Many a times accident happened because we cannot see the herd at the road-bent.
    4. Splats of cowdung at Permai Garden, Minden Heights. Plants and shrubs are beheaded when the herd decided to have a ‘makan-makan’
    5. There is practically no sight of cow-herd managing when 4-legged rule the road, the resident-area.
    6. So they squats at KBP. If the owner wants to claim back the land, lawfully they have to give. I feel that LGE-team has negotiated their best efforts for KBP-residents, especially when the court has ruled developer/koperasi is rightful owner now.
    7. Whats important is they should pen down some terms and conditions to protect themselves, to the developer/koperasi and roping LGE-team as the mediator who has power to help.
    8. Whats happening now is someone is trying to create chaos (for personal benefits) whilst the poor old lady and her likes are in great misery.

  • K,you have every right to your opinion,don’t let anyone dampen your spirits!Malaysians are never able to think on their own,they have been always led by their noose by our ’supermen’politicians{BN or PKR}We have been brain-washed{decerebrated} by our ‘CORRUPTED’ Politicians.

  • sunny,

    the residence of kg buah pala were not squatters but settlers. The penang state government DO NOT OWN THE LAND and they had NO RIGHT to sell it or even lease it.

    All relevant documents indicated this much. The land is held in trust by the federal government.

    Since the penang government do not have such rights then all contracts were void. It is then logical for the court case to be pursued to its logical conclusion.

    What is the best way for lge to serve the rakyat of penang ? To close one eye and shut the other to the injustices perpetrated ? Or to ensure that there will be a system of governance that is fair, just and compassionate ? Without such a system the people of penang can never be ensured of any fair deal.

  • Morning Dew,

    You posed many questions but I dont think you will like the answer many will provide. Also, I am not convinced these villages has the legal right to ownership of this piece of land. But then again its the court of law that need convincing not me. As far as I know, none of the families ever had to pay for the land so i dont see what they have lost. Remember most penangites work their whole lifes to provide a roof for their families, not by YELLING at LGE.

  • y

    Morning Dew,

    This is only what YOU and your lawyer think, this is not what the judge think. State Government is Executive, if you are looking for justice…you have to go to court and they DO and LOSE the CASE. So now the justice is on the DEVELOPER side. What do you think the Executive can do?

    You and some of the lawyer can read the law “Yours way” while the other side will read it the other way. At the end, it is all depend on which way the judge think they would like to accept.

    You see, even ISA procedural can be challenge in court. You think developer cannot challenge the state government decision?

    If there is a way to save the land by not putting state government in risk, LGE will do it and act like your champion because he is a politician.

  • “Bottom line is they dont own the land. Even if LGE can prove that the land deal was illegal in court, he should still kick out squarters. Else everyone will also illegally occupy land. We must follow the law regardless how long you have been breaking it. ”

    sunny,

    It just doesnt get into your thick skull. These ppl were not illegally occupying the land. The Penang High Ct acknowledged as much.

    “As far as I know, none of the families ever had to pay for the land so i dont see what they have lost.”

    sunny,

    Just because they did not pay for the land does it justify robbing them of it.
    Following your twisted logic, if you had inherited some property can someone just drive you out and take over your property just because you did not pay for it??

  • It was originally crown housing trust land, which, from what I understand, should have been transferred to the federal government when the national land code came into force. – Anil

    the residence of kg buah pala were not squatters but settlers. The penang state government DO NOT OWN THE LAND and they had NO RIGHT to sell it or even lease it.

    All relevant documents indicated this much. The land is held in trust by the federal government. – Morning Dew

    So true…!! your arguement have my support.
    because both of you just telling peoples that the land doesn’t belong to state and state have no right to sell. But why are you arguing about if the state have the right to sell or not?

    The point is that the land can belong to me, you or any liew ah kow…. IT DOESN’T BELONG to the Villagers. It is yours it is yours, if it is not yours accept the fate. You ain’t borned as Bill Gates childrens. Everyone is equal. You own what you work for, don’t push too hard to make your self half a million richer – DiEnd

    p/s: for those who try the racial card. The previous gahmen demolish a few chinese and malay villages before to give way to modern development including freeways and housing/condo, the compensation is just a merely 50k or less flat near to the area….

  • To add-on, please be reminded that these village families is not the only people in the whole penang that is poor. There are many poorer and in worst situation than them. So as a gahmen they need to be fair.

    For those who felt symphatise with the villager, nobody is stopping you from donating half of your wealth to give them a better life. You can buy them a plasma for all i care.

    It is the same thing applied when you ask the state gahmen to spent and use their power to save them right? But by calling that you are using your … mouth to do the talk and let other walk by using Penangites expenses – DiEnd

  • Remember most penangites work their whole lifes to provide a roof for their families, not by YELLING at LGE.

    ==

    So what? You are poor meaning others have to be poor like you and not eligible to inherit land from their ancestors?

  • Sunny,

    their legal status on the land had never been established but whatever document that we had been privy to suggested that the land was given to them in trust. And the trust holder is the federal government. This much we know. They are settlers and not squatters. Many land titles in the past were given FREE if one could establish that they had worked the land.

    What has “working off their butts” had anything to do with the issue at hand ? You are trying to draw comparisons from disparate circumstances.

    y,

    I am not a lawyer nor do I have a lawyer. In case you are wondering and if it is relevant to you I am a chinese.

    I do not know what had transpired in the courts and what were the arguments and presentation but it was quite apparent from bits and pieces here and there that they were ruled without any locus standi – that was a strange ruling considering that they had resided there for ages.

    The few documents that were subsequently found had brought new evidence that shed more light on the issue at hand. The penang government could actually revoked all deals as the penang government DO NOT OWN THE LAND – this much we know as well.

    crash,

    if the land did not belong to the state government this meant that all contracts – awarding of land title etc are all void. This means status quo and the residence/settlers of kg.buah pala then have the right to get the federal government to issue them the titles.

    Btw. what had “other poor penang people” got to do with the issue at hand ?

  • Prem and K
    Try staying a day at the village with the thugs called … and … then you will understand. I am glad my family has moved out. I am sorry that the present situation doesn’t warrant anything. In fact, just to let you know, MIC is always there at the Kampung. I guess paying each of the newspaper boy RM50 to put leaflets into the Star paper to ask people to come to the forum today at 630pm is worth their time. I say this – DON’T WASTE YOUR TIME WITH THESE… They are the worst… and I am taken aback that Sugumaran can wayang at Dewan but at the Human Rights Party launching at Klang, he spoke like a parrot. – don’t waste your time with those still stubborn. The state should mobilize and hentam the BN govt for making me lose my home. After all, do those BN … care? One of which KTK – come by to open at MBS. Aiya, you are not wanted anymore. I suggest you pack and go back…

  • fickle minded bunch of villagers. have already agreed and accepted but keeping asking for more. the moment someone from mic say something to them they change their mind. the moment hindraf say something to them they change their mind. all this … started by the ex-govt and yet some people in here try to implicate the current govt….. you dont heap … at people just cos they didnt meet your demand. if any leader can just revoke the land they like then the bn govt shud not have sold this piece of land to the cooperative. people support and sympathy is wearing thin. wake up.

  • nkkhoo,

    Since you are attacking LBC on his/her lack of comprehension skills, perhaps you might want to re-examine your maths/logic?

    You mentioned “if someone steals your RM10 million land passed down by your ancestor and then pay you RM200,000 peanut compensation”.

    Firstly, we have no way of establishing that the value of the land is RM10 million or some other figure. Some many numbers have been bandied about I am now confused as to what is the current value of the land now.

    Secondly, for the sake of argument that the land is worth RM10million; this is for the entire plot of land that the 41 families (currently living in 21 houses) are currently living on. This means that what has been “stolen” (and my sympathies are definitely with them on the “crime” perpetuated to them by the former State Govenment) is RM10million divided by either 41 or 21 depending on your view.

    Therefore, may I humbly suggest you go for English, maths or logic lessons before you start attacking other commentors.

    banana

  • I think those who label the villagers greedy are missing the point. As I see it, the question is certainty. Correct me if I am wrong, but Nusmetro has already pointed out that the deal is subject to obtaining the relevant approvals. If for any reason the approvals are not obtained, then the deal is off. By that time, the villagers would have moved out, their homes would have been demolished. What then? I have seen cases where settlement agreements have been entered into, people have moved out, houses been demolished, no money given for temporary rental, and at the end of the day the developer decides it is no longer interested in building the low and medium cost housing which was originally in the approved layout plan and the plans are subsequently amended to suit the developer’s whims and fancies. In another case up north, the developer went into liquidation, no flats or houses have been constructed, and the villagers are left with no recourse. If the settlement offer is real and sincere, then there should be some sort of assurance for the villagers that they will not be giving vacant possession for nothing. There should be a time line for the construction of the houses – there have been cases where developers proceed with the other parts of the project and leave the homes for former occupants for the last. I also don’t think the request for payment of rental in the interim is unreasonable – it has been done before – only that RM1200 is a bit too much. RM500 or so would be appropriate. The offer of houses must come with these certainties. It is unfair to expect the villagers to accept the offer if it is full of holes.

  • It appears to be the norm that the poor and those deemed powerless are simply pushed aside although they have made positive economic contribution to those raking in the benefits to fund their cushy air-conditioned offices and padded leather revolving office chairs, including those in government. To the person who seems to have missed the link between having “worked their butts off” and ownership of the land, perhaps you have also missed the point that work and cattle breeding is an economic activity that contributes to the local GDP. and adds value to the land. In all the furore about KBP, the role of the Federal Government, who is now more clearly the rightful owner of the land, has been forgotten. The Federal BN Government has so far hidden behind this cloud of debate and failed to take responsibility for not issuing the land titles to the long time residents of KBP. The silence of the Federal Govt. should be questioned. MIC is obviously a stooge of the BN Federal Govt. and undoubtedly serves to confuse the villagers and complicate the issue. Hindraf doesn’t help by acting the same way. All in all the root cause of the problem is the Federal Govt. who should be made to account for the current suffering of the residents of KBP as well as those other land pioneers that have been evicted from their homes and made squatters like those in Kampung Berembang, not so long ago. These evicted pioneer villagers should unite and bring the Federal Government to account for their actions in making them homeless, landless and jobless, when they have in fact made contribution to the country’s economy for umpteen years. The payment of rent in the interim is certainly reasonable and depending on the size of the family, RM1200 is not too much to ask for, especially if you have also become jobless with no other means of income to rely on. The Federal Govt. is the root cause of the problems in KBP.

  • y

    Morning Dew,

    I am not interested to know your race, law apply to every race in malaysia.

    strange ruling?? It is normal in Malaysia, It is notmal to have strange ruling in boleh land, but we still have to comply. Moraly correct have no stand in Law.

    They should gather evidence first before go to court.

    “The penang government could actually revoked all deals as the penang government DO NOT OWN THE LAND – this much we know as well. ”

    This is the funniest statement……You should really ask yourself “how could penang government revoked a land that someone claim not belongs to them?” when u argue that penang government sell land that is not belongs to them.

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