Federal Court to hear Buah Pala case on Friday

22
281

Yesterday was case management of the Kg Buah Pala villagers’ application to the Federal Court. The villagers are seeking a stay of demolition and a review of an earlier decision that they had no legal standing in the matter. This excerpt from a Bernama report:

PUTRAJAYA, August 18 (Bernama) — The Federal Court is set to hear on Friday the second application by the Kampung Buah Pala residents for leave to appeal to the Federal Court relating to their eviction order.

Federal Court registrar Surita Budin fixed the date to today after the case came up for case management.

The residents are seeking leave to appeal for the second time to raise the issue of whether they have the locus standi (legal standing) to institute legal proceedings against Koperasi Pegawai Kerajaan Negeri Pulau Pinang Berhad and developer Nusmetro Venture (P) Sdn Bhd.

They claimed that the locus standi issue was not brought up at the earlier hearing.

They also want an extension of time to file the leave application as well as an order to stay the demolition of their houses in the cattle-raising village, dubbed the Penang High Chapparal, to make way for development projects.

READ MORE:  Property overhang in Penang higher than London's?
Please help to support this blog if you can.

Read the commenting guidlelines for this blog.
Subscribe
Notify of
guest
22 Comments
Most Voted
Newest Oldest
Inline Feedbacks
View all comments
Loh Yeow Boo - Penang
Loh Yeow Boo - Penang
8 Sep 2009 12.19pm

If they appoint a lawyer who has no work to do, there would be court hearings after hearings for years to come…..just like the case of Penang Sports Club. Wasting taxpayers money, judiciary time, etc…..

Jane
Jane
21 Aug 2009 1.26pm

SangNilaUtama, you talk with such confidence. If we were all sure of the outcome, then we wouldn’t have to file suits to get a judge to hear it. Knowing full well that the last payment should have been void, why would the Federal court not return the land back to the state government? And knowing that the land belonged to the federal land commissioner, why would the Federal court rule that the state gained ownership by way of legalizing it through state executive council power? When we don’t know for sure we turn to the courts. That is why you… Read more »

SangNilaUtama
SangNilaUtama
20 Aug 2009 11.28am

//lineclear, So sorry for you, you don’t know what you are talking about. Simple logic also cannot understand. You buy a land, agreed on the payment schedule and signed the purchase agreement, before your final payment, the land owner say I don’t want your final payment and want my land back and return all the money to you. Do you agree?// –LBC LBC, I think you are the one who doesnt know what you are talking about. If the Sale and Purchase Agreement has expired it is automatically terminated. In this case the approval had (allegedly) lapsed and the state… Read more »

LBC
LBC
20 Aug 2009 10.56am

lineclear, So sorry for you, you don’t know what you are talking about. Simple logic also cannot understand. You buy a land, agreed on the payment schedule and signed the purchase agreement, before your final payment, the land owner say I don’t want your final payment and want my land back and return all the money to you. Do you agree? If the land price depreciated probably you wll agree but what happen if tha land price increse three fold? Think for yourself, don’t simply believe in what other people says. Do you think KTK so stupid? … You know… Read more »

chanjoe
chanjoe
20 Aug 2009 10.40am

Subra, we are supporting LGE and LKS because we can see things rationally and knows it was KTK and BN who had done all the damage and if not for the change in Govt, they would have long levelled KBP to the ground. This happens everywhere under BN. So if you wish to go support and want BN to make use of you and your rights to enrich their pockets ,(for 52 years already), then by all means go vote for BN. No one is putting a gun to your head to force you to vote DAP or PR. This… Read more »

nkkhoo
20 Aug 2009 6.05am

wandererAUS
August 19th, 2009 at 2.43pm

people power

Sorry mate, when I was fight for the people you were still sucking eggs!
I have no sympathy for greed…these ere illegal settlers.
Have a poll and see where the sympathy lies…I am a socialist, never a supporter of capitalists…especially UMNO goons but, we are talking of land matters, nothing personal.

===

You are just talking … since you are not the victim as KBP residents.

lineclear
lineclear
19 Aug 2009 11.53pm

Dear Bros, DAP have full knowledge of Kg Buah Pala Land Scam before, during and after Election 2008. DAP Election Mantra in Penang was ” Land Scam.. Kh Tsu Koon.. BN” Villagers (allegedly) met Lim Guan Eng in Komtar on 13/3/08 and he assured the villagers he will take action and stop the Land Scam!!!! The Land Title was issued by Lim Guan Eng Govt on 27/3/2008 after he receipt payment of RM 2.24m on 14/3/2008!!! In 19 days he became the CM!!! If Land value is RM150m , why not claim Land Scam when receipt the RM2.24m from the… Read more »

unclebuck
unclebuck
19 Aug 2009 9.42pm

Why cares,

Anything is possible right now cause it’s election season.

Ken
Ken
19 Aug 2009 9.29pm

Sugumaran has approached the DPM for help. He now sings BN’s praises saying, “Only BN can help the people.” He has revealed his true colours. His animosity towards LGE and the PR govt was not based on seeking justice, it was political as I suspected all along.

sarah
sarah
19 Aug 2009 8.47pm

http://malaysiakini.com/news/110959

Buah Pala: Villagers turn to DPM for help
“(Lim) Guan Eng (chief minister) cannot assist us. Now we realise that only the BN can really help the people,” said Sugumaran.

And the “udang” crawls out from behind the “batu”.

ttc
ttc
19 Aug 2009 8.41pm

Two maybe iffily pesky questions from friends Tom and Harry apropos birds of the feathered kind: 1.What if the bird in hand 😐 only sings freely when it is in the bush? 2.Is a non-singing lifeless perchance also dead bird in hand still better than two full of life 🙂 happy ones singing about freely in the bush? WE SAY YEAH! & NO TO ISA! 😛 AND HARIS FOR AG & RPK FOR IGP! GO FOR DSAI FOR PM & LKS FOR DPM AND KIND WAN AZIZAH FOR HOME MINISTER. 2009 Resolution: Seek out all garbage and recycle or dispose… Read more »

Grandma
Grandma
19 Aug 2009 8.39pm

Finally…. sigh …. the end is in sight. Finally, they turned to the DPM for help. Finally, these villagers realized the mess started by the BN should be cleared by the BN. Nevermind if they paint a not so nice picture of LGE, we Penangites mudah lupa.

Amused
Amused
19 Aug 2009 8.27pm

And who is the lawyer for the Kg Buah Pala residents? Definitely not Uthayakumar/Hindraf! He only ‘encourages’ others… But you can see him there, at the courts, with his trademark Orange T-Shirt, to lend ‘support’. He will let others do the job and when it comes to credit – all he needs to do is shout ‘Makkal Shakthi’ a number of times to ‘mesmerise’ the innocent folks..and there you are…he will be the hero of the day – whether the case is won or lost! And those who want to have a look at the purported offer letter from the… Read more »

Leong Yook Kong
Leong Yook Kong
19 Aug 2009 6.59pm

Why are some of the villagers so greedy? The compensation is quiet fair and resaonable. If the precedent is set, I am very worried that the price of houses will be sky high in due course. Who will suffer? It is the poor folks. Give and take lah.

SUBRA
SUBRA
19 Aug 2009 6.39pm

All The best to the villagers,but I’m still wondering why there’re outsiders who are blindly supporting DAP idiots. They don’t even try to understand the real situation of the village.BN has robed the village and DAP counter it…. Hope that the one term ruling requsted by LKS is enough.We’ve learn things from the …. LKS & LGE.Next time sorry for DAP to get Indians votes.They thinks that they won the state only with Chines votes,minority votes doesn’t make any differences.If it is so why you could not rule the state with election campaign of Tanjung 1,Tanjung 2,Tanjung 3 and so… Read more »

Rajan
Rajan
19 Aug 2009 5.48pm

Follow the lawyer and the world will end soon. If he acted in good faith from the start and not shouting at the steps of Komtar like as if he is Mr.Know it All, life would have been different. I am glad he is not representing me. At least I have moved out. Nothing personal. Just think he should act like a civilised lawyer. I hope Federal Court won’t rule against the villagers at cost.

Why Cares
Why Cares
19 Aug 2009 3.05pm

After the probable unfortunate demolition, ask permission to squat at the “many champions’s homes ” till these champions provide you all some form of FREE Dwellings sponsored by MIC, Hindraf, lawyers , etc etc ? Who know , the Federal may grant a MIRACLE by reversing IT’S OWN Decision on 21-8-2009?

wandererAUS
wandererAUS
19 Aug 2009 2.43pm

people power

Sorry mate, when I was fight for the people you were still sucking eggs!
I have no sympathy for greed…these ere illegal settlers.
Have a poll and see where the sympathy lies…I am a socialist, never a supporter of capitalists…especially UMNO goons but, we are talking of land matters, nothing personal.

Han2
Han2
19 Aug 2009 2.05pm

Off topic Anil, landslide in Tanjong Bungah this morning… half the road closed till now.

Thanks, heard it’s an old cliff, near the Moonlight Bay area — a section of the road near the cliff apparently just gave way. – Anil

people power
people power
19 Aug 2009 1.23pm

This is for wandererAUS,

The obvious is because you are what you are, never have fought a battle for another only for yourself. What more can I can say if the truth and justice forsakes you for your inability to act for the community. Have a pleasant live, must be a ……. Well, my guess is as good as yours, go figure it out.

Peter
Peter
19 Aug 2009 12.28pm

All the bEst to the villagers. LET US HOPE THAT TRUTH PREVAILS!!!

wandererAUS
wandererAUS
19 Aug 2009 12.19pm

The verdict will be quite obvious…negative!
Go and get your double storey link house, Maybe Hindraf or MIC can do one better?! Dream on!
The common saying goes, “A bird in hand is better than two in the bush!”