Lim Guan Eng, you need to do better for Kg Buah Pala residents
By Wong Mun Chee
I appreciate your win-win situation for the residents and the Developer but it is not a win-win situation that they seek. They seek what is rightfully theirs and how you as their CM ensures truth prevails under your governance for your voters.
Let’s look at the facts: the Villagers took the State Government, Cooperative and the Developer under YB Koh Tsu Koon to Court in 2007 to save the village and claim their rights on the Land.
At that time, title had not been transferred nor the premium paid for the land alienation. Now the High Court in Penang has decided that the residents of Kg Buah Pala do have a claim to this land. See http://www.aliran.com/index.php?option=com_content&view=article&id=973:kg-buah-pala-can-you-sell-something-that-you-dont-own-&catid=84:2009-5&Itemid=10
Furthermore, the village was originally legally gazetted as the Helen Brown housing trust under the Housing Trust Act 1950. However, in 2005, the land office alienated the land to the state government without dissolving the trust which is a requirement under law.
Then, the Penang Island Municipal Council (MPPP) allegedly gave planning approval in 2007 to Umno-linked Nusmetro before the land was legally transferred to the cooperative. Isn’t this a breach of the council’s building by-laws?
Notwithstanding all this, under section 81 & 82 of NLC 1965, there is a time limit whereby the premium needs to be paid, normally within three (3) months otherwise the state government has the authority to invalidate the transaction. In this case, YB Koh Tsu Koon's approval was on 25/4/07, and the Cooperative paid the balance of the premium only on the 14/3/08 to the Pakatan Government led by YB Lim Guan Eng? So what happened?
On 23/05/2009, the PR state exco decided to claim the balance 50% of the premium which the Koperasi agreed to settle if the terms of the land title were honoured. Therefore, they knew that there was a possibility that you would not honour it and the legal implications if you dragged them to court on the fraudulent transaction.
So when attempts were made by the Pakatan government to really save Kg Buah Pala, other than hiding behind the the judgement of the Federal court, there was much shouting that you need to pay $$$$ to the Developer. Stop plucking figures from thin air for a political survival using a political gimmick.
I am talking about facts and not some publicity stunt without facts. Those residents have facts, so let’s stick to facts and see how you will stand by them and battle for your voters.
What happened to all your legal eagles when there are ample grounds and facts to challenge the fraudulent land transfer? Are they that dumb, that a layman like me can read, digest and understand what actually transpired?
No, Guan Eng. I don’t expect miracles from you but be sincere rather than turning out to be another spinmaster for those devils in disguise.
There are many instances in this case where there have been fraudulent activities by the previous government. Nobody is blaming you for this, but we need your firm and tactful action to tackle the problem rather than playing politics. We, the people will stick to you for your sincerity.
I know it is not easy to please everyone, but when you do the right thing, we will appreciate you for your stand.
There are many procedural irregularities like the Gazette notification under Section 8, affected persons consulted, JPPH advising the Land Administrator on the compensation that had been conducted by the previous government, the appeal process and so forth. Where were your legal eagles to conduct all these due diligence and challenge it for the benefit of the residents?
Today, your government is ready to face a suit and we will stand by you if you do all that is possible to challenge the developer with the power vested in you by the people. Get your legal eagles to get off their butts and work on the fraudulent land transfer.
I know it is not easy to go against the Penang Chinese Chambers of Commerce but you need to seek the truth for each and every Penangnite irrespective of their origin. You have taken a bold step forward with the ultimatum, and I am sure every Penangnite will support you for the cause of the truth in the next election.
Just a reminder, stop sending an Indian mouthpiece to solve an Indian problem. If we are all Malaysians, it is everyone’s problem to seek what is just, fair and truthful. Not a race based solution. Your win-win solution is only possible if you act on it for what is the truth and pursue the action on the fraudulent land transfer.
