Reprieve for Kg Buah Pala! (updates)

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[flickr 26541172@N08 72157621817399185]

Photos by a kind soul

1600: The developer, Nusmetro, has held a press conference in George Town. It denies there was any legal agreement to hold back demolition, according to a reporter at the scene. Only a court order can hold it back, argues Thomas Chan of Nusmetro. The developer is giving the residents until Friday to vacate the land.

Tonight, during its meeting with the residents, the state government is expected to present a more detailed settlement proposal to the villagers, which would probably involve getting the villagers to co-exist next to the Oasis project.

This morning, about 150 residents formed a human barricade at the village when they heard that a demolition team was not far away. Eye-witnesses spotted about 30 white-helmeted workers wearing lime-green T-shirts with the words “SRE Ventures Contractor” and wielding sledge-hammers; some of them appeared to be foreign workers. But no bulldozers were seen and the demolition team failed to show up in the village.

About 100 police personnel observed the villagers forming the barricade.

1205: A clarification/correction from Himanshu: It was a legal agreement in the presence of the CPO, the court bailiff or registrar, a developer’s rep and a residents association rep not to engage in vacant posssession or demolition until the application to the Federal Court for a revision of its earlier decision has been disposed of. The letter from the Federal Court agrees to the application and has fixed 18 August for preliminary mention.

Meanwhile, the Chief Minister will be holding a meeting with the villagers at 7.30pm (and not 10.30 as mentioned earlier).

1145: A miraculous turn of events: a document has been delivered to the villagers from the Federal Court that effectively holds back vacant possession of the land and demolition of the homes, pending a revision of the last Federal Court decision, which denied the land to the villagers. The application for revision, filed by lawyer Darshan Singh, will be heard on 18 August. So there will be no demolition until that legal avenue has been exhausted, it would appear.

Balik Pulau MP Yusmadi announced this startling news after meeting the CPO, a developer’s representative, and the secretary of the village committee, according to Himanshu Bhatt, northern region editor of theSun, who is at the scene.

1035: Apparently, there is not going to be any demolition – at least for today, according to another source. From what I hear, Chief Minister Lim Guan Eng will be holding a meeting with the residents at 10.30pm.

Meanwhile, half a dozen FRU trucks, presumably on standby, were spotted along a side road, off the coastal highway.

0951: Emotions are running high in Kg Buah Pala. Villagers have put up human barricades, according to an eye-witness there.

Earlier, villagers confronted a TNB staff and asked him what he was trying to do there. He said he was just there on standby.

Deputy CM Ramasamy is at the scene trying to calm the villagers. About 40 police personnel are also present.

The villagers want answers: what happened to the probe on alleged fraud? why can’t Section 116 be used…?

Ramasamy has told the villagers there would be a meeting with the residents this evening.

0910: Deputy Chief Minister Ramasamy arrives, quells tense atmosphere, saying the developer has agreed to hold back demolition for now, according to an eye-witness.

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TitiDana
TitiDana
3 Sep 2009 2.09pm

Choose BN next term and see what will happen. stupid!!!

Human Afterall
Human Afterall
15 Aug 2009 12.21pm

In conclusion, the land is not yours, you have to go. Squatter is still squatter. The law had spoken.

lineclear
lineclear
12 Aug 2009 12.58am

Dear Penangnites LGE Govt accepted payment of RM 2.24m on 14/3/2008 from Cooperative and issued the title on 27/3/2008 to Cooperative within 19 days of forming the State Government on the very Land the DAP promise to save from Land Scam!!! LGE Govt Blamed BN.. and declassified BN EXCO minutes. BN approval dated 25/4/2007.. is it still valid on 14/3/2008 when LGE accepted payment from cooperative??? S.81(2)NLC 1965 validity expires if premium not paid within specific time in notice which usualy only 3mths!! If BN approval expired… who gave fresh approval in 2008!!! Why LGE Govt have not declassified DAP… Read more »

Dr.Yati Hewett
Dr.Yati Hewett
9 Aug 2009 10.43am

For those nong-nongs who keep on harping the fact that the land grant was issued when LGE was in office, get a few things straight.Who are members of the cooperative ? Senior civil servants ! … Who issue out land titles ? Civil servants ! They are the ones to gain. Do you really think they would not sneakily carry out the transfer ? Stop blaming LGE. Grow up !!

eagle-eye
eagle-eye
5 Aug 2009 6.22pm

wisdom23,

are you suggesting that we go back to the days of the BN or are you saying that it will be acceptable for PR to act like the BN.

nkkhoo
5 Aug 2009 8.50am

LGE and his gang promised many things before the election like BN and sadly yo say most of them are remained empty promises as usual.

The land grant was given out within a few days under the nose of LGE against years for normal case. This is a truly Malaysia record.

LGE is incompetent CM, and he is better served as an opposition leader in the future.

a malay perspective
a malay perspective
5 Aug 2009 2.31am

Just to add a bit more as there are still those out there that keeps on denying facts that all the trouble came from the previous administrative hand (Gerakan&UMNO). Well yes we can blame LGE for being not aggressive/incompetent/slow and unwilling to meet the residents. But did any one of BN supporters realize that this whole issue would have been handled in another way if the previous BN gov’t ruled Penang. For sure, the villagers would have been kicked out much earlier. Not only would the developers have kicked them out with thugs, but the FRU would also be doing… Read more »

wisdom23
wisdom23
5 Aug 2009 12.44am

K, another point, pls tell me which politician in the world (not only Malaysia) didn’t promise to help the voters of their constituents during election. Don’t tell me you just born yesterday to learn about politics. PR Govt with 2DCMs involved did indeed help KBP, but now you blaming why CM himself not involved. Do you mean these two DCMs are useless and incompetent? Please remember Govt not formed by just a single person but a team. If that is the case, why Penang need 2 DCMs? why need EXCOs? CM alone is enough to handle all the complaints, finding… Read more »

wisdom23
wisdom23
5 Aug 2009 12.04am

K,
What’s your contribution to KBP villagers besides continue given lot of non-constructive comments on the case .

Instead of blaming.
Why don’t you make a more concrete plan to form a party or join MIC to conquer Penang in the next GE and become the next CM in Penang. At least from there, you can contribute to the villagers in KBP. Surely you’ll gain a lot of supporters.

K
K
4 Aug 2009 11.45pm

Wisdom23

I think you failed to consider one simple fact. That LGE is in this situation because of his own stupidity and incompetence.

(His people) made a promise to villagers without doing home work. And then… the transfer of the land under his tenure. And finally he acted too slow until the whole issue has gone too far.

This shows that he is … incompetant.

I am sorry but I have to agree with the residents that had this been a case involving an economically more powerful
group, LGE would have been far more aggressive and assertive….

K
K
4 Aug 2009 11.40pm

LGE has been a total failure as a CM in the issue of KBP. He has been nothing but a bumbling, incompetent leader. He has been talking loud but cheap and empty. He talks a lot but says nothing. He keeps blaming KTK for the issue while the rest of the world is more interested about solution rather than who is to blame. Who cares if KTK or even Genghis Khan sold off the land?? LGE has to understand that he is the CM now and as a CEO he has to assume both assets and liabilities of the firm… Read more »

wisdom23
wisdom23
4 Aug 2009 11.17pm

Kampung Buah Pala’s case is a LOSE-LOSE situation for PR Govt. Bet you, BN, MIC and HINDRAF knew this very well. If the villagers failed to get their land, all fingers will be immediately pointed at PR Govt, claimed PR Govt fail to fulfill their promise, PR Govt neglect Indian community (BN favourite weapons-racist issue), PR Govt neglect the poor and etc. BN will definitely use this topic to kill off PR Govt in the next GE, especially from Indian voters. It may also become a national topic around Malaysia, not only Penang. Let say miracle did happen, the villagers… Read more »

donplaypuks
4 Aug 2009 9.57pm

Anil What is there to stop the State Govt from having the State equivalent of a Royal Commission of Inquiry to ferret out the truth and get to the bottom of this fracas? After all, Derek Fernandez has given them a lease of life with his discovery that the land has restricted usage caveats that bar just any type of commercial development. LGE can make an announcement tomorrow after consulting with the State leagle eagles and pre-empt all these threats of demolition. This is exactly what PM Najib did over TBH’s death to stop wild accusations against the MACC and… Read more »

a malay perspective
a malay perspective
4 Aug 2009 8.53pm

Well I think I would give the benefit of the doubt for Kris Khaira insight as an activist to be fair. I would although think that LGE has been a victim of being the CM of just a year old. Those that have really work in gov’t institutions would know that there are certain policies and procedures to adhere to in performing their responsibilities. If they do not follow, then actions could be taken on them, and for a CM, political action/pressure/accusation are taken by the the oppositions (BN particularly). OK, as a Malay, I think that all this problems… Read more »

Rajan
Rajan
4 Aug 2009 8.43pm

Kris My take to you is this – don’t be used by Hindrafs and MIC. I see you in almost every demo by the residents. I feel strongly as a Penangite the real pest in this issue is BN. So, if you wish to take the struggle for the residents, be the bridge between the state and the residents. Talk to the people who are directly involved in the state govt and offer solutions. Arrogance is the last thing you should worry about. People can afford to seek medical treatment in UK while the residents form human barricade. I think… Read more »

nkkhoo
4 Aug 2009 8.37pm

Anil, why you are so afraid to publish comments? I think you shall either publish it by full or never at all.

You are not responsible for any comments make by your readers.

Not quite true, the last bit. I will be coming up with guidelines for commenting soon. – Anil

LBJ
LBJ
4 Aug 2009 8.17pm

This Thomas Chan of Nusmetro make me sick. Penang should make life miserable for him. There are so many ways the state govt can hound him. From parking fines, any slight infringement to issue summons….

Kris Khaira
4 Aug 2009 7.25pm

I’m a PSM member, JERIT coordinator and a harsh critic of taking a racial analysis on a problem, but as someone who has been involved on the ground in Kg Buah Pala over the past few months, I think I need to say something about Hindraf, in particular the volunteers who came from all over the country over the past few critical days. From conversations with them and fellow PSM members, they have been involved in other grassroots struggles around Malaysia and are sincere activists who are doing this because they care, not for mere political gain. If you really… Read more »

nkkhoo
4 Aug 2009 6.59pm
Rajan
Rajan
4 Aug 2009 6.12pm

LGE is here for two terms – to see the demise of MIC with the kuncu kuncu of t-mohan and samy velu. Eat your heart out

Anonymous
Anonymous
4 Aug 2009 5.07pm

Guan eng must make one decision to gain more voter and sweep all in Penang next GE. Dont be contented with one term ruling Penang. GUAN ENG PLS DONT STAY ON THE FENCE.

Anonymous
Anonymous
4 Aug 2009 5.05pm

Why so difficult for guan eng to make one decision and stand for rakyat? he must remember that DAP PR in only 16months old bot 16years, he still needs to show suport for pro PR voters, not supporting BN GERAKAN UMNO.

Just simply revote all status. So hard meh?
Be brave. If hecant means that within DAP PKR there agenda to want development. As it is, even PKR DUNS some are seeing pro-UMNO becoz lame duck in its constituency.

Anonymous
Anonymous
4 Aug 2009 5.01pm

if guan eng cannot revoke the permit and land, use his CM power to stop the project, it is slowly proving to us voters that he supports development pro-UMNO and he is NOT helping the (marginalised minorities)… in Penang. He is showing us voters pro PR that he DAP is colloborating with UMNO BN GERAKAN.

Peter
Peter
4 Aug 2009 4.31pm

Eagle-eagle, I gues you are right to a certain degree. LGE was slow in his action. In fact he should go public regarding the transfer of land title 18 days into his office. But he failed to do it. He should explain to the villagers why he accepted the final payment. I am very against his silence. But you got to be fair to him. He minght not be in the thick of action until Hindraf came into the picture. but before that he has his able DCM2 Prof Ramasamy doing the negotiation. Mind you Ramasamy is an ho9nest and… Read more »

Penangite
Penangite
4 Aug 2009 3.44pm

Whatever the ending….The state govt of Pg will end up the loser….and directly it means all Penangite will suffer as a result of the action of previous BN state govt headed by Koh T.K. The Penang people (through the state fund) will in the end have to pay compensation either to the developer for delay (if the land is legally theirs to develope) or to the Co-operative for (allegedly) fraudulently selling the land to them (if the land cannot be sold in the first place). The BN govt took the prime land at Farquhar Street which originally belong to the… Read more »