Court rejects Buah Pala residents’ bid to stay on

(The Star) GEORGE TOWN: Residents of Kampung Buah Pala have to vacate the village as their application to set aside the bailiff’s notice and execution and enforcement of the writ of possession of the plot their homes are on has been dismissed by the High Court.

Deputy registrar Ahmad Hidayat Md Nor dismissed the application with costs during hearing in chambers yesterday.

The writ to set aside an ex-parte order dated June 16 obtained by the North-East land administrator, Koperasi Pegawai Kerajaan Pulau Pinang Bhd and Nusmetro Venture, to issue a writ of possession was filed on behalf of the residents at the High Court registry by counsel Darshan Singh Khaira.

Following the rejection of the application, counsel for the co-op and developer Karin Lim declared that the “project would proceed as planned”.

“The residents’ application for a stay of execution pending an appeal was also dismissed so the villagers must vacate the land by Aug 3,” she said after the hearing.

Co-op chairman Abdul Razak Mansor urged all parties to respect the court’s decision.

“We have no problems with the villagers. From the very beginning, it was agreed that we would settle the dispute in court so now I hope they will accept the outcome,” he said.

Darshan, who is the residents’ legal adviser, said they would appeal against the decision.

“The residents are claiming ownership of the land and applying to set aside the land transfer on grounds of fraud and illegality, among other things,” he said.

He said they were also seeking a declaration that the state’s consent was needed under Section 116 of the National Land Code before any demolition can take place.