I am ordinary penangnite whom love diversity of Penang and presently helping the residents of Kg Buah Pala to fight the eviction by the Developer. I am not a politician or allligned to any political parties and i do not have any political aspiration either. I am not a Hindraf or MIC-BN Collaborator working against PAKATAN Government. I came across a very frigthening " Kg Buah Pala Horror Story" upon studying the documents of Kg Buah Pala in the last three weeks upon receiving SOS from the Village.
Kg Buah Pala Villagers presently remains about 300 illiterate and uneducated indians whom ancestors are the workers of Glugor Estate under Helen Margaret Brown Estate planting nutmegs in Penang during the British days. Presently they are cowherdes and selling cow milk to make a meagre living.
Before Independence the Village Land was acquired and held under Lot 698 North East District under Crown Trust of Strait Settlement Act for housing purpose for the estate workers .Most of the Land have been taken by State and developed except of very small piece of Village Land which housed the estate wokers quaters now know as Kg Buah Pala which is the only final remnants of Glugor Estate which planted nutmeg in Penang.
They have been struggling for last 50 years against previous penang government to save the Village from being torn down and to claim their rightful Malaysian Land Titles under the Torrens Systems. Their struggle is common knowledge to vicinity penangnites like at Bukit Gelugor residents.
The previous State Government under YB Koh Tsu Koon initially approved the Village Land Alieanation in favour of Cooperative in the Year 2005 and again in the 25th April 2007 for 50% premium reduction payable by the Cooperative.
The Villagers took the State Government, Cooperative and the Developer under YB Koh Tsu Koon to Court on the Year 2007 to save the village and claim their rights on the Land and at that time YB Koh Tsu Koon have not issued the Malaysian Land Title to the Cooperative because the cooperative have not paid up the premium for the Land Alienation. Their rights on the Land was protected because Malaysia Title was not given to the Cooperative.
Prominient DAP & PAKATAN Leaders came to village as WHITE KNIGHTS during the Election Campaign 8/3/08 and promised to save the Village from BN Land Scams if they win the Election and form the Penang State Government. Every Penangnite knew DAP Election Mantra in Penang was " Land Scams ... YB Koh Tsu Koon ...BN Government".
At that point of election time as at 08/03/08 the Malaysian Land Title for the Village Land has not been issued to the Cooperative because the Cooperative have not fully paid the premium and have not settled the Villagers as per YB Koh Tsu Koon conditions for the Land Alienation approval to the Cooperative on the Year 2005.
Upon PAKATAN formed State government on 8/3/08, The Malaysia Land Title was issued to Cooperative on 27/3/2008 after premium RM 2.24 was paid on 14/3/2008 to the present PAKATAN Government. The Malaysian Title was issued to Cooperative within 19days PAKATAN became the State Government which extinguished the Villagers rights on the Land under the Lot 698 of CrownTrust Strait Settlements and murdered them in Court of Law !
The market value for the 6.5 Acre Village Land is about RM 60 million. The Cooperative only paid RM 3.2 Million to the Penang State Government for the Land.The PAKATAN government have knowledge of it when they accepted the Balance Premium of RM 2.24 million on 14/3/2008 from the Cooperative before issuance of title on the 27/3/2008 to the Cooperative.
Now YB Lim Guan Eng claims that previous BN Government did the Land Scam and approved the Land Alienantion on 25th April 2007 below market value and he has no choice but to issue the Title to the Cooperative. Is YB Lim Guan Eng telling the Malaysian that inspite of all the Legal Expertise he has in his stable that he could not have save or attempted to save the Village or the Land which valued over RM 60million ? That YB Lim Guan Eng has no choice but to issue the Land Title to the Cooperative within 19days ( 27/3/2008)upon he came the CM (03/08/08)? Does he says that PAKATAN Govt have no remedy for fraudulent land alienation in Penang inspite of the all the lawyers including lawyers who can sue Sultans in their stable?
Now YB Lim Guan Eng claims that the previous State Government under YB Koh Tsu Koon did the Land Scam on the Village Land and He personaly did not make any promises to the Villagers!!!!
After much pressure from the Villagers,YB Lim Guan Eng have only released PARTIAL exco minutes documents which points the finger at the previous government whom gave the approval on 25th April 2007 and balance premium was only paid on 14/3/2008 to PAKATAN Government and Malaysian Title was issued to Cooperative on 27/3/2008. Why is that only Partial Documents are being diclassified and released to public???
Under S.81(2) NLC 1965... in any Land Alienation approval , the Premium must be paid within a specified time in the Notice of Payment ( Borang 5A) otherwise the State Approval shall be deemed lapse and the Land Alienation Application shall be withdrawn!!!! . The usual practice for time limit for premium payment usualy is only 3 months from the issuance of notice of premium payment. If the YB Koh Tsu Koon approval was on 25/4/07,what would have been the time limit for the payment of premium??? Is the Time period is 11 months... as the Cooperative paid the Premium only on the 14/3/08 to the Pakatan Government led by YB Lim Guan Eng?
Why did the PAKATAN GOVERNMENT accepted the RM2.24million from the Cooperative on 14/3/2008 even though they knew the Land was worth more than RM60million???? Why didnt DAP State Government didnt make a fuss or claim Land Scam when they were issuing the Malaysian Title to the Cooperative or attempt anything in Court of Law to prevent the loss of RM 60million worth of Land? Is YB Lim Guan Eng telling that he has lost 60million worth of Land in first 19 days of being the Penang CM???
Under s.78 National Land Code , Until the issuance of the Registered Land Title in favour of intended applicant Proprietor, the Land shall remain with the State until such time. Therefore the Kg Buah Pala Land was in PAKATAN Government hand from 8/3/08 until PAKATAN government issued the Malaysian Title on 27/3/2008 !!!!!! Couldnt have the PAKATAN Government with all the prominient lawyers in their stable save or attempted to save the Village within the provision of Law or to prevent the issuance of the Registered Title to the Cooperative on 27/3/2008 especially where the Land was in hand of PAKATAN Government????? And to prevent the loss of Land valued RM 60million to the Developer!!!
It is very interesting that Penang Chinese Chamber of Commerce President Tan Sri Tan Kok Ping is supporting YB Lim Guan Eng on handling of Kg Buah Pala issue?? What would be the interest of Chamber of Commerce.....$$$$$$?
The Villagers had placed their faiths and hopes in PAKATAN and rallied for PAKATAN during 2008 Election hoping that their struggle over 30 years to get their own Malaysian Land Title shall be over when PAKATAN forms the government which seen as WHITE KNIGHTS for the People . Their Adun is from DAP and always told them not to worry and was assured them that their land is safe and they should continue their Court struggle and fight for the Land .
Little did the Villagers realize that the Malaysian Title has been issued by PAKATAN Government to the Cooperative on 27/3/2008 without a hint which has murdered Villagers in Court of Law and brandish them as squatters and tresspassers.
The Villagers was betrayed of the highest kind by the present State Government whom i believe sold out the Villagers in favour of the Cooperative and Developer. As We are all aware, No matter which ever government rule the State the Developers will try to play their cards to take advantage of prime land in the State.
As one reporter told me... " Government may change... but lies does not change"
The issuance of Malaysian Title on 27/3/2008 by the PAKATAN Government to the Cooperative murdered the Villagers in Court of Law where the Court of Appeal ruled that the Villagers are tresspasser on the Cooperative Land because Title has been issued to Cooperative and summarily judged in favour of the Cooperative without the benefit of full trial to the Villagers!!! And therefore no locus standii or rights to pursue the matter in court. The leave to appeal to Federal Court was not granted by Yang Arif Augustine Paul.
It seems that Penang Govt under YB Lim Guan Eng made a calculated judgement on Kg Buah Pala that the 300 odd viilagers are minority indians and that any resistance can be steamrolled and the issue can isolated from majority chinese as indian issues by using racial cards as HINDRAF collaborators and as MIC-BN collaborators where the majority of Penangnites are chinesse whose sentiments are against BN Government and shall not be bothered with happenings at Kg Buah Pala.
The truth of the treacherous betrayal on the minority and marginalised by Penang DAP Government whom i believe is in the path toward Capitalist Governance where all the poor and middle income irespective of race shall be marginalised and all other malay and chinese kampungs and natural environment, hillside , heritage properties , landscape and culture shall be destroyed in the name of Development of Penang.
More kampungs in Penang like Tanjong Tokong, Teluk Kumbar, Bukit Bendera , expering Leasehold houses will be in Developer's deck of cards for destruction in the name of development and conveniently pointing finger at previous government land scam unless we address the issue now with affirmative action as Penangnites!!!
Most of Penang people live in Villages, Hillsides, expiring Leasehold Houses and Rent Control Houses.... which shall be ideal target for greedy Developers who want prime Lands in Penang where they can make most handsome profit through very helpful politicians.
Penang People should arise as PENANGNITES above the veil of deceits by politicians using racial cards as to divide and rule penangnites to fulfill their own greed for materialistic gain despite the destruction of our multicultural society, landscape and heritages.
Today may be Kampung Buah Pala ... Tommorow shall be Our homes!!!!
Let us come together and save Our Pearl of Orient from Destruction in the name of Development..... People People have put to stop of of Lies in the name of Development and Racial Politics in Penang!! Lets us Remind THEM again as Penangnites!!!