Kampung Mutiara residents face eviction without fair compensation

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A landowner has served eviction notices to about five dozen homes in a kampung in Batu Ferringhi, reportedly without proper compensation.

The landowner had bought the 1.4ha land (Lots 39 and 40) through an auction circa 2006 and had issued eviction notices to the Kampung Mutiara residents since 2007. He opted to use lawyers and the courts instead of meeting the residents to come to an amicable resolution. More recently, he obtained a court order for vacant possession on 9 July 2015.

The villagers, many of them fisher folk, hotel employees or restaurant workers, had applied for an injunction last week but it was rejected and they are now appealing to the Court of Appeal.

MPs Zairil Khir Johari and Mujahid Yusof Rawa and Adun Teh Yee Cheu are reportedly backing the residents’ claims.

Land laws do not recognise the rights of pioneer settlers, even though they may have lived there for decades, in the case of Kampung Mutiara, for more than 50 years. This reality means many settlers are “victimised by the courts that side with landowners”, Zairil and Mujahid were reported as saying.

Under state government guidelines, planning permission approval would reportedly only be given if proper compensation is awarded to affected residents. But there has been no application to develop the land from the landowner so far.

In nearby Kampung Chetty, displaced residents received a low-medium cost flat each as compensation from a developer.

The 500 low-income residents of Kampung Mutiara, however, face an uncertain future.

What can the state government do? Deputy Chief Minister Rashid has written to the landowner via lawyers requesting him to meet the residents for a dialogue. This is a step in the right direction.

Meawnhile, the state government has reportedly agreed to reject any development project in the Kampung Mutiara land as long as fair compensation is not given to the residents. This should be made known formally to the landowner who should be told in no uncertain terms that it would affect any future buyers of the land as well.

Otherwise, in future, a developer eyeing any occupied land might side-step the requirement to award compensation to the settlers by getting a third party to buy the land and then evict the residents before selling the land to the developer.

The larger issue is, what kind of development model are we pursuing that allows established communities and settlements – Kampung Mutiara was reportedly regarded as a ‘traditional village’ in 2004 – to be destroyed without long-time residents having any say in the development of the land they have lived on?

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atila

anil. no worries, that mamak n tokong are buddies. all wayang. i just received WhatsApp to support gathering. all wayang

atila

Anil i received this…i believe in circulation..

benny

Meanwhile in Johor Bahru, 300 property owners of Kim Teng Park are protesting a plan to acquire their properties under the Johor Baru City Centre Transformation Plan for the building of the proposed Rapid Transit System (RTS) station of Bukit Cagar to link to Singapore’s MRT system.

http://www.thestar.com.my/Metro/Community/2015/08/05/Owners-against-land-acquisition-Affected-residents-urge-authorities-to-keep-them-informed-about-deve/

https://www.facebook.com/savekimtengpark

Awie

Basically Johor Corp. is greedy in this land grab!

benny

Kim Teng Park acquisition is ‘daylight robbery’
Many residents were not happy as the acquisition process was made without transparency and following due process.
http://www.therakyatpost.com/news/2015/08/20/kim-teng-park-acquisition-is-daylight-robbery/

JB MP Shahrir Samad expressed concern that the acquisition of Taman Kim Teng Park was being undertaken without transparency and adherence to procedure.
http://www.themalaysianinsider.com/citynews/johor-baru/article/shahir-confident-state-will-rethink-taman-kim-teng-park-acquisition/shahir-confident-state-will-rethink-taman-kim-teng-park-acquisition

S Tee

While some evicted with no home shelter at the top end of island, the new Wellness City of Dreams project undertaken by Zenith to establish mall, resort hotel offering anti-aging and aesthetics treatment at Tanjung Pinang.

lim

No matter how imperfect pakatan/dap government is, they are the more sincere ones, more willing to help the needy and poor. Kg buah pala is a good example. Wonder what had happened to the 9 nine families, had they been given better homes by MIC, Mr Samy/BN as promised ???

This land owner is without heart !!!

ginger

True. Those MCA fellows like Gan who are no longer in cabinet can now criticise Najib.

Yang

You are simply stupid. The govt get to give the house to Kg Buah Pah is because the LMC of 72k being built there when upgraded should cost about 140k. Instead it has been sold by the developer for up to 200-240k. At an average extra of 80k and times that by 230 LMC house that would total about 18 millions. It is those who brought the LMC house that bear the cost for these Kg Buah Pala 24 houses. Next time check and open your pea brain before talking

zoro

Then why pea brain like us blame Penang gomen? Ask pea brain cost valuer to price the value now? Why pea brain gerakan gomen give away the land?

caravanserai

The cry of the weak It is always happened in a society The rich will try to muscle in Leaving its wake the sorrowful pain Kampong Mutiara at Ferringhi A population of earning souls Living from day to day In the end what they get? The landowner must have compassion He shouldn’t think of his profits on the land A proper way is to find an honest preposition Where both parties can have a meaningful solution The court of law just sees the documents The social justice will not be in its contents As long as the owner doesn’t collect… Read more »

johan Khun Pana

Year 2006 and 2007 when it was under Gerakan/BN administration.
Wonder what price did the new owner paid at the auction.
Compensation is a touchy subject and not all would qualified.
Are there proper written rules about this ?

gk ong

Another Kampung Buah Pala case in the making?

Very likely that Gelakan will join the party?

ginger

Gerakan is already deflated in Penang.