Guan Eng’s announcement that he would direct the Penang Munical Council to immediately revoke the development order issued to Nusmetro Ventures (P) Sdn Bhd is a bold and decisive move.
He is finally using the powers of his office to act decisively in the interests of the villagers of Kg Buah Pala.
In this case, the Chief Minister has had to choose whose side the state government would be on come 2 Aug: the people’s or the developer’s. It must have been an agonising choice, as the state government risks being sued.
But if any developer sues the state government, it would effectively be taking on the people of Penang and as Guan Eng vowed, it would be a long and difficult suit.
He has effectively drawn a line in the sand, throwing the state government’s moral backing behind the people of Kampung Buah Pala.
It was a difficult choice but I think it is the wisest move under the circumstances.
For far too long, developers in Penang have ruled the roost and politicians, whether BN or Pakatan, appeared helpless to rein them in. Hopefully, Guan Eng’s decision will put the developers in their place.
For that to happen, the Pakatan government must keep the developers at arm’s length at all times and insist that they follow proper procedures. No lobbying should be allowed. Everything must follow clear guidelines and procedures that protect the interests of the people and the environment.
Much more is at stake than just Kampong Buah Pala. Will Guan Eng’s move usher in a new era in which the state government will put the people’s interest ahead of developers’ profits?
The other big test facing the state government is how it enforces the stop work orders it has issued for the Bolton Surin project in Tanjong Bunga.
Do you support Guan Eng's move to revoke the development order in Kg Buah Pala?
- Yes, it's the right move to be on the people's side (82%, 1,538 Votes)
- No, he should have tried other options (14%, 261 Votes)
- Don't know (4%, 70 Votes)
Total Voters: 1,868
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Despite the arrogant shown by the villagers and the so called ‘good samaritan’ Hindraf, State Govt still continue to help them. Though goodwill shown by the State Govt but I don’t quite agree with the action.
Firstly, most of the villagers don’t deserve it, despite many claims promised by PR ADUN. Secondly, financially it’s too great a risk to take for the sake of whole Penangites.
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Let the developers sue. They and their families shall be shamed. Their lives shall be made miserable. They would wish they have never been born.
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Anil,
Well, I don’t think that it’s a high stack gamble. More of a calculated risk. Remember, Anil, IT’S ECONOMIC STUPID! By the way, I would not be surprised that developer together with the respective parties including the FRU would come in bulldoze the land. LGE’s action only prevent the developer from laying one brick in High Chapparal & not demolishing it.
I do hope that LGE would have contingency plans of relocating these villagers before 3rd of August. Perhaps, the third way would come true. Numentero would be task to build LGE’s first high rise Public housing
Just like the one in Singapore. Toa Payoh is one shinning example where plenty of High Chapparals demolished to make way from spanking new HDB flats.
Anil,
Don’t you know such action fulfill your aim. Social justice! Every poor people in Penangs not just 23 families would have a piece of Kampung Buah Pala. Lets call it High Chapparal Court, View, Ville or whatever.
In one swoop, resolve all social problems in KBP. Drinkings, Brawlings, gangsterism……You name it. Prevalent factor in slum area……Numentero is paying for it. Hehehe!
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Anil,
By the way, just like the High Chapparal folks, the squarters in Toa Payoh screamed at LKY & HDB effort of levelling the entire squarter area. It’s Hurdreds of High Chapparals…Plus, One considerable large Orchard farm in Whampoa, opposite of Toa Payoh was bulldozed. Sqaurters given the chance to purchase flats at discounted prices.
30 years later, the flats risen in asset value. 1200 square feet flat cost S$450K to S$600K. One unit! Those folks are smilling. Kids sent overseas for studies. I got to get a loan to study in UK. My counterparts in Singapore was given cash. Plenty of them…….How I wish our government are like that…..
Social uplifting……That’s your ideal, Anil…..Or you prefer to see people remain poor like KBP folks……For the sake of having a heritage……Seriously, does it have any heritage value??????
Sorry, Anil…..I am pragmatic…..Francis Light too……
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I think it is a very difficult decison for LGE to take. He knows that either way he will be criticise. I sincerely hope the outcome is a compromised and satisfactory for most of the parties involved. It is afact that you cannot please EVERYBODY. Life is UNFAIR at best of times and ……….
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http://www.kpkpp.com.my/
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I am not sure whether LGE’s move is a right one. Leaving aside the uncertainties arising from litigation that is to follow, the State needs to do some hard thinking. What do you see for the future of the land in question.
Some of the descendants are cowherds and wish to carry on with their trade. There is no guarantee the future residents would want to continue their trade as they live in the urban setting where jobs are aplenty. Apart from a few cattle owners the rest will have to look for employment elsewhere. The neighbours are not going to take it kindly to live in an area where the discomforts arising from living next to unorganised farming activity exist.We have examples of housing estates built next to existing crematoriums where the complaints are endless.Then again over time the land that is divided will be put up for sale as there will be offers that settlers will find it difficult to refuse. There are examples of this – look at the estate workers housing scheme in the neighbouring state – how many of the original buyers do we have? It would be a wise move to settle them in organised farms perhaps thru a co-operative or a state agency just as we have settlers in Felda/Felcra. The residents will benefit from mechanisation and modern farming methods and be assured of an income in perpetuity. A higher rate of compensation could be sought to help in the resettlement of the residents into organised cattle ranchers.
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Guan Eng is an idiot and not fit to be a CM. This is what happens when you pick some(one) like Guan Eng to be a CM. The next thing you know, the whole state will be bankrupt and penang citizens would not even have water to drink. He should go back to… melaka.
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Eagle eye is correct. This is just a charade by LGE to show that he’s doing something dramatic since the stakes have been raised several notches higher with the recent introduction by MIC Youth. The Pakatan govt of Penang especially LGE and Prof Rama have been savaged in the Tamil press for their inaction and inability to help. Their credibility has been completely destroyed and this also affected Pakatan’s standing with the Indian community.
This pathetic and meaningless action by LGE just a diversion tactic that will NOT save the village. People also become wary of LGE and DAP’s propaganda tactics when… some of the residents attend a meeting with him and make press statement. With Hindraf being relunctant to join… the residents turned to MIC Youth as last gap measure.
The dramatic entry and challenge by the MIC Youth members have ratcheted up the pressure on LGE and a desperate CM had no choice but to do more diversion.
However, at the end of the day, the village will be lost come Aug 3rd as such LGE proposal has been already rejected by the residents. The villagers are no fools.
… things might get out of control of LGE still side with the Big Business and try to get the villagers evicted.
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Good first Penang-CAT-like move!
In my view/opinion:
Both CM LGE and the residents of KBP have made the right move to work together and make a principled stand for the good/just common interests of both. That wisdom and cooperation is encouraging.
However, I don’t see the issue as CM LGE taking any sides as I don’t think it is part of a government’s or its Head’s remit to “take sides” against any of that government’s constituent stakeholders.
The government’s job is to operate on a best practice basis and unerringly apply the principles of a just Rule of Law to balance and optimise the interests of all its stakeholders so as to achieve the best possible outcome for all its constituents within the overriding interests of social justice i.e. what is good in that society’s public or its state/national interest.
Society and its stakeholders – whether citizens, taxpayers, investors, business entrepreneurs, employees or politicians – cannot effectively operate or thrive and grow for long if they do not, or cannot, do so within the simultaneously stable/nurturing and chaotic/challenging environment of modern society unless that society operates within a structure of balanced boundaries and which balance can only exist if that society is anchored steadfastly on the resilient ground of a principled/just Rule of Law.
This is the reason why, going by that old established rule that states equity always prevails when in conflict with the common law, any and all man-made legal written s… masquerading as “good just laws” against the overriding spirit of Justice should be seen for the foul … that they are and done away with without any hesitation.
Furthermore, any elected parliamentarian, or an assumed to be competent and principled state law official such as a learned AG or a learned and honourable Judge, who helps enact or keep or apply or justify and uphold such odious s… as being “just laws that serve the public and national interest” should also be seen for who and what they are (and stand for) and ought to be held to account for any unacceptable incompetence and/or self-serving opportunistic and odious rationalisations and should be booted out promptly from those privileged public service positions by that society’s free/objective, principled Press (so not a political propaganda vehicle like the current MSM) and its free/fearless People.
None of this is “rocket science” or new knowledge or hard to do really, that is if you are being honest, because anything otherwise is to be irrational and to stupidly cut off your citizen’s or your government’s nose to spite your state/national face.
Given the existing state of affairs where there appears to be a fundamental lack of confidence in the current Judiciary, that Federal Court order for demolition is based on the false premises of either an alleged fraud (of housing trust land which is governed by the overriding fiduciary duties and principles of trust law and of which equitable beneficial interests the purchaser cooperative/developer ought to have been aware of under the caveat emptor rule), legal incompetence or a genuine mistake and so the court order is unjust in spirit whichever way you look at it, and it will lead to a gross miscarriage of justice if it is allowed to destroy those entrusted KBP homes and livelihoods which forms a part of Penang’s valuable/unique heritage.
Having said that however, the only certain wrong decision to make here is to agree to buy back the land. That action will condone the alleged fraud/theft of private trust land and play into the dirty hands and fat wallets of the alleged wrongdoers. And worse, it will also risk setting a dangerous precedent that will jeopardise all such trust property and weaken the Rule of Law they stand on for their legal force and effect.
And:
What’s happened to that application to the court based on section 116 of the National Land Code that stipulates buildings on alienated land cannot be demolished without “prior consent in writing of the appropriate authority”? Does that “prior consent in writing of the appropriate authority” have to be written consent from the Penang government or will that court order suffice as that prior written consent?
“Imagine Power To The People” John Lennon.
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dear shamsul,
maybe it will be a good idea if we elect a cm like koh tsu koon and his deputy from umno who got us to this mess in the first palace.
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anna brella
The kind of propaganda that you spin is very unhelpful in solving the issue.
FYI the residents never agreed with LGE. It is just that some of the residents have (allegedly) been compromised to appear in a press conference to give a false impression to the public as a part of LGE’s propaganda tactics. Just read the press statement by the residents today.
If there was an element of fraud in the land transactions, then LGE has all the right to stop the deal. But the fact is that he has neither proven this fact nor he’s prepared to stop the sale. He also only released the minutes of meeting of exco selectively. The minutes after 0308 has not been published.
In general, the administration of LGE so far has only demonstrated LGE’s weak leadership with suspect credibility. I hated KTK and voted against him. But to give that man a credit, although he appreared weak and helpless, he never gave the impression of evasiness or outright lying. But LGE had been …. (allegedly) misleading the public many times within the 1 1/2 years.
I agree that he is now in a difficult situation but this situation is a creation of his own. Nobody would blame him if he and his Pakatan leaders didnt promise to the villagers. However, the macho talk and promises of DAP and PKR leaders was captured on video and is there for all to see.
… The way the MIC youths have been treated by LGE-controlled police enraged the residents further. To make matters worse, Satish the aide to Prof Rama was widely quoted by the Tamil papers to have provoked the MIC Youth members… which resulted them punching Satish. The kind of words Satish used… were splashed in the Tamil media.
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Some SMS floating around that a reporter is flying off to Paris to meet Wayne Moorthy. There, they will (allegedly) demand to UNESCO to delist George Town from the Heritage Listing if Kampung Buah Pala were to be demolished. If this is true, we then know that Hindraf is being very very selfish.
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Rajan, if what you said is really true, hindraf is really sick.
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Dear Anil,
You can ALL blog and comment till the cows come home and it will make no difference to reality. The land DO NOT BELONG to the folks in Kampung Buah Pala (KBP)as judged by the Federal Court. My simpaties to the folks in KBP.
It is a real joke to UNESCO to instate KBP a Heritage Site of Squatters and Cow Sheds.
The folks of KBP want to continue with their present High Chapparal way of life and livelihoods. Relocate them! Obviously, not on the Island. There would be land in Seberang Prai suitable for High Chapparal.
If the PR (Pembangkang Rakyat) Government is sincere in resolving this issue, please do that. The PR government have the power to allocate Agriculture Land to the KBP folks.
The developers have agreed to compensate!
This would be a win-win-win for ALL.
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Anil,
how manu more kampung in penang island and penang mainland in the same shape as kampung buah pala?
umno gerakan too much.
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right or wrong move from LGE nobody can know but 1 thing that LGE shows is that he is a not a panicky decision maker and that he can make decisions without consulting other “Big Brother’ and last most importantly, he got b….
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I agree with tan, tanjong bungah that LGE must not just complain and complain about KTK and the previous state govt. If there has been wrong doings by them, why can’t LGE or the state govt sue those fellows, take them to court.
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Looes74 could have a point there! Let’s us not get too worked up. Step back and think objectively. Look at other similar cases elsewhere. It may not be the best option to cling on to an old squatter settlement and obstruct to development. Btw, what is the heritage value of such settlement? The public hardly heard of it before this issue came to light. No one bothers to take a second look at it.
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LGE will only listen if you fight against him! If you were to fight like Kampong Buah Pala instead of the way TBRA or Chee Seng residents, your wish will be granted. Malaysian politicians need to be taught who is the real boss. If you opt to support unreservely you deserve the way they treat you.
Andrew you need to grow up and learn, fight like a man!
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K:
Thank you for your (unexpected) feedback.
Since my post was not addressed to you in particular I know I don’t have to respond to your feedback, but I will on this occasion out of respect. And it is up to you to read or ignore what I say here at your own will/volition.
You misunderstand my motives. I was not spinning propaganda as you state.
What I wrote is based on my personal beliefs, known principles/truths, experiences and known facts about the KBP issue, although I obviously do not know all the historical/current ins and outs of the KBP issue nor have I personally verified as being 100% accurate, all that I have read on it in Malaysiakini and in other IMO, respectable blogs. However, there is nothing in my post that I personally know of to be untrue or is misinformation which I have deliberately/recklessly cooked-up or manufactured and published to mislead or confuse or cause mischief to others or promote the political agendas of BN or PR or anyine else. It is also not about helping or not helping the KBP issue as I have no locus standi to do that.
I was mainly using the opportunity to chuck in my points of view/opinions into Anil’s blog’s comments here so that the final brew could be a good representative mix of well-considered or off the wall comments from both sides of the conformist and non-conformist divides and experiences and unique ways of looking at things on this issue.
For what it’s worth, maybe I can to some measure understand why you may have felt the need to make an unprovoked attack. I can say that I know about anger. Anger is a powerfully destructive emotion if used in all the wrong ways. Resorting irrationally to violence and assault and battery is always wrong and destructive and no one ever wins that way. But if you develop the self-control to control that force of anger and channel it in the RIGHT way toward the direction to right the injustice that has caused that underlying hurt that may have resulted in that anger, then it becomes an equally powerful positive change-agent for good. So I hope that you will get even with the real culprits who have victimised the KBP folks that you are obviously defending, and that may mean working together with all those who are now fighting alongside the KBP folks, irrespective of any past sunk costs and actions and personality clashes and personal dislikes.
But I know that you will (almost certainly) not believe anything I say here or will think me being defensive or obnoxious or something else in that vein and so I think it is pointless for me to continue to explain myself or justify or defend what I wrote/write any further, and which I know I am under no obligation whatsoever to explain, justify or defend to you or anyone else.
Best wishes.
“Imagine Power To The People” John Lennon.
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Guys, they are not squatters le. They were on a piece of land that we given on trust to the Strats settlement and the UMNO/ Tsu Koon has taken advantage by selling it out cheaply.
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