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Kg Buah Pala developer upset over state govt’s plan

PENANG, 9 July 2009: Nusmetro Ventures (P) Sdn Bhd, the developer of Kampung Buah Pala, is disappointed with the Penang state government’s plan to invoke Section 116 of the National Land Code to prevent the company from carrying out the demolition of the village.

Its executive director, Thomas Chan, said today the company had in good faith agreed to the state government’s request to extend the deadline from 2 June to 8 Aug for the purpose of negotiating and finding an amicable solution, but instead the state was taking action to stop the company from carrying out the project.

“It is regrettable that the state government has taken our good faith for granted and used it for other purposes,” he  said in a statement here today.

He said the Court of Appeal order dated 11 May was very clear in asking the residents to vacate the land by 11 June.

“The Court of Appeal order was upheld by the Federal Court on 24 June when the [residents’] application for leave to appeal was dismissed,” he said.

Chan also said that Section 116 1(d) of the National Land Code did not apply to squatters and illegal structures.

He said the category of “building” in Section 116 1(d) of the National Land Code refers to buildings legally erected upon the date the land first became subject to the category.

“In our case, the provision is not applicable to illegal structures that have been built prior to alienation. It follows that in demolishing the illegal structures, consent of the appropriate authority is not a mandatory prerequisite,” he said.

Meanwhile, Chief Minister Lim Guan Eng, in a separate statement, said the state executive meeting yesterday, which declassified the document relating to the chronology of the decisions made by the state executive council during the Barisan Nasional (BN)’s reign, proved beyond doubt that Tan Sri Dr Koh Tsu Koon and the BN had robbed the villagers of their land without consulting them.

“After consulting and getting approval from the state legal adviser, the state government has decided to declassify and reveal the decision behind the BN state exco led by Koh in alienating the village to Koperasi Pegawai Kerajaan Pulau Pinang Bhd,” Lim said today.

The residents have been fighting in recent years to save their cattle-rearing village, dubbed Penang’s High Chaparral, from being demolished to make way for development projects. — Bernama

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5 Responses to “Kg Buah Pala developer upset over state govt’s plan”

  1. KSK says:

    Let KTK become the CM to solve the problem there, if LGE cannot do anything about it.

  2. langtingtang says:

    It’s good that LGE declassifies the [decisions of] the previous government. Let the people judge for themselves.

    Koh […] should explain himself or be “damned” by the people of Penang for cheating us.

    Let the [PR] government do their job and [let’s] give them our full support. I strongly believe they are doing their best to safeguard Penang’s interest.

    Penangites unite under LGE for [our] sake and our children’s future.

  3. Half Truth says:

    Back to basics. The developer has to beware and must know the history of the land transaction. This land belonged to Brown Estate which was donated for the residents to stay for free for >150 years i.e. as a trustee land. The land ownership transfer problem was highlighted and also created public outcry. But the developer chose to ignore it.

    […] Well, today the developer has inherited this problem […] I am sorry for you […]. As you chosen to take this “high risk” business venture, please be responsible [about] it.

    Accept the facts and stop blaming the PR government although you have a court judgement. One of the main duties of local government is to protect the minority or weaker parties from being innocently victimised. Normally, compensation is one solution to this kind of problem. Besides, look at your moral obligation i.e. [be aware] that a certain degree of unfairness exists and with this, compromise would be a better way to relief some of this unfairness.

    If Gerakan was still in power, you could have completed the foundation stage by today. Why don’t you ask Gerakan for to exercise their federal power to resolve this matter, [since] they have given you a so-called “problem-free assurance” during that time?

    Today, PR is the present Penang government. They go by the book and uphold the rule of law. We want this good governance government. Damage [has been] done and no point crying over spilt milk. Everybody claims they are being victimised. The problem is nobody is serious enough to go after the one who sold away the trustee land.

    Reconciliation is the solution to the problem. I would suggest the developer, PR government and residents sit down and discuss for an amicable and win-win solution.

  4. FSLam says:

    […] Koh Tsu Koon […] the people of Penang want you to clarify your stand [about the land sale].

    […] Stop the blame game!

  5. Unbiased Viewer says:

    LGE must stop saying/blaming that it is the work of the previous government. IF that is his attitude, he should resign and let the previous government clean up all the so called mess before handing over Penang to him.

    In that case everyone can become the CM, why should he get the job? What for we want to vote you in office if you keep on blaming the ex-government. Is LGE really going to think that he can have a “clean” sheet to work with before the election?

    Please, LGE, you should realise that there are bound to be problems when you decided to become the CM. […] What does a change of government mean? It means a new bunch of [people] being voted in to tackle the same problems that we voters think can’t be solved by the bunch “previous” [people]. Now instead of solving, you are blaming….is that the change that you are preaching all these while? If that is, time for us to “change” again…

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