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Poser over freehold status |
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Posted by admin
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Tuesday, 07 October 2008 22:23 |
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Himanshu Bhatt, The Sun Lawyers have questioned the former Penang government’s move to allow 28ha of foreshore land, reclaimed and alienated by the state, to be made freehold for a private commercial project.
At the heart of their contention is the National Land Code, which has a clause preventing state authorities from disposing alienated coastal state land as freehold.
Section 76 of the Code stipulates that a state authority cannot dispose of “any part of the foreshore or sea-bed for a period exceeding 99 years”.
PKR state assemblyman for Batu Uban, S Raveentharan, who is a practising lawyer, said the clause makes it clear that there was breach of parliamentary law in the conversion of the land’s status.
“The law must be followed. It must be strictly adhered to,” he said when contacted.
"Did they (the previous government) not blatantly breach an act of parliament? The answer is yes.” said Raveentharan who wants members of both the previous and current governtment to help rectify the matter.
Consumers Association of Penang (CAP) legal adviser Meenakshi Raman said the controversial conversion warrants public explanation from the government in light of what is stipulated in the Code.
She stressed that while the Code had basis, the state should explain what had transpired in the case of the land.
“There is a basis in the Land Code. But we need to understand what circumstances led to this particular land being converted. We need to know how it happened,” she said, adding that is an important public concern.
theSun had reported on Monday, that a letter had been sent to the chief minister’s office, questioning the basis for removing the original 99-year leasehold status of the land on the south-eastern foreshore of Penang.
The letter, signed by the Bayan Bay Marina Yacht Club liaison committee, also asked why the land was approved for transfer when it was originally earmarked for leisure, recreation and marina purposes.
The land was originally vested in the Penang state authority, then alienated to the Penang Development Corporation (PDC) as leasehold for 99 years and later sold to private hands for about RM54 million or RM18.25 per sq ft. The previous state government later changed the status to freehold.
The project -- called Queensbay by current developer CP Landmark Sdn Bhd -- is reportedly worth RM3 billion. Its masterplan includes bungalows, seafront villas, semi-detached houses, condominium, service apartments, shop offices, corporate towers, hotel and a mall.
Senior federal lawyer for the Land and Mines Department, Suriyati Hasimah Mohd Kasim, could not be contacted for clarification despite several calls to her office.
Meanwhile, when contacted, the club members called on chief minister Lim Guan Eng to form a panel to investigate the matter.
“The chief minister, as the head of the Penang state government, is duty bound to set up a panel to investigate all the recently reported irregularities involving the sale of state land,” a spokesperson said.
“Failure to do so can be interpreted as an act of condoning and, at best, betrayal of its commitment to uphold accountability, transparency and justice.”
Lim is away on an investment trip to the United Arab Emirates this week.
When contacted, PDC general manager Datuk Rosli Jaffar declined to comment, saying he will leave it to Lim.
CP Group executive chairman Datuk Tan Chew Piau could not be reached as he was on leave.
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