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Kg Buah Pala residents file for leave to appeal

PUTRAJAYA, 31 July 2009: The Kampung Buah Pala residents in Penang have filed for leave to appeal to the Court of Appeal against the High Court’s dismissal of their application to set aside the writ of vacant possession and the bailiff’s notice. 

The residents’ lawyer, Darshan Singh Khaira, when contacted said the application was filed yesterday at the Court of Appeal registry.

He said no date had been given by the court to hear the matter.

Darshan Singh said the ground of the application was that the writ of vacant possession obtained by the developer, Nusmetro (P) Sdn Bhd, and land owner, Koperasi Pegawai Kerajaan Negeri Pulau Pinang Bhd, was defective as it was made ex-parte (without the residents’ knowledge).

He said the residents were now in a dilemma because they had to vacate the land by 2 Aug.

“The residents hope that the developer will give them room for negotiation,” he said.

On 17 July, the Penang High Court dismissed with costs the residents’ appeal against the Deputy Registrar’s decision to dismiss their application to set aside the writ of possession and bailiff’s notice.

The Kampung Buah Pala land issue became heated up after the Federal Court, on 25 June, issued an order for the 23 families living on the 2.6ha village land, dubbed High Chapparal, to vacate the land by 2 Aug.

However, the residents refused to move out, claiming that the village land was given by the previous state government to Koperasi Pegawai Kerajaan Pulau Pinang without their agreement.

The residents’ houses are to be demolished and the land will be developed for a housing project. — Bernama

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