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Are the Kampung Buah Pala Residents squatters or is the Developer NUSMETRO VENTURES a thief? PDF Print
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Thursday, 02 July 2009 10:48

By Naragan N

The Star today 2nd July 2009 reported the Developer NUSMETRO VENTURES who is trying to develop the land on which kampong Buah Pala sits  as saying that the people of kampong Buah Pala are squatters.

I will give you some history and you judge whether they are squatters or the developer a glorified thief.

These people have been living on that land for over 150 years in exactly the same spot, from the time the owners the British Brown Family were actively operating an estate in which all these people’s forefathers were workers.

Then when the last of the Browns decided to go back to Britain, they awarded the land to the workers of the estate and made the then Straits settlement the trustee of the land over  which sat Kampong Buah Pala. By this act, they made the government of the day the trustee for the land. The trust owned the land. By and by after the Britishers left, the Malaysian federal government took over from the Straits settlement and became the trustee. That remained so until, somewhere along the way, someone in the state (this is not very clear to me yet) came along and made it into a TOL land – the owners of the land were made temporary occupiers of their own land by an act of treachery. This often happens to the poor and the weak.

Then surreptitiously, sometime in 2005, the Penang State government who was not the owner of the land anyway as the trustee was the Federal Government, sold the land to a Koperasi of the Pegawai Kerajaan Pulau Pinang – a Koperasi very closely linked to the UMNO bigwigs of the day for a paltry sum of a little over 3 million. ( Lim Guan Eng is now saying he will have to pay 150 million ringgit to get the land back – so you can see what a swindle this is.) This Koperasi got into a joint venture agreement with Nusmetro a property developer who is threatening the demolition.

The Penang State Government bigwigs of the last administration, in other words those who had jurisdiction over land matters then, sold it to themselves (left pocket to right pocket) for a paltry sum, a land that was by the process of history owned by the villagers and held in trust by the Federal governement and then now turn around call the true owners (the poor cattle herder residents) squatters.

I ask you now, are the residents of Kampong Buah Pala squatters or is the developer Nusmetro Ventures a thief.

If you want to find out more, visit Kampung Buah Pala yourself and talk to the residents there. Or even talk to Lim Kit Siang, Lim Guan Eng, Karpal Singh … talk to any one of these people who now have the authority to see truth prevail and justice done.

Comments (15)Add Comment
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written by my oumrie, July 02, 2009 11:00:47
Why didn't they do something when koh soo koon was at the helm? After all, he was the one who sold out. Aiya, same thing in Selangor; when new gomen took over, they opened a can of worms. Why the previous gomens so "money grabbing" ah?
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written by budaktapah, July 02, 2009 11:01:46
if the above is true, then it is all clear already. why go for LGE head? instead, get LGE to help lah. and YB LGE, you better help them..
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written by DezMalaysia, July 02, 2009 11:31:56
What is out from your hands will be forever out of your hands !

The law is the law. It's not about what's their fore fathers rightful things that was swindled by UMNO/BN & exchanged it with TOL, now DAP CM LIM go get it back with your pen power ! The CM is not your dog ! If they have evidences, show us, show the court, show the whole Malaysia ! Show the legal papers left by the Browns ! They have no freakin evidences to support their claims ! Only grandfather stories to tell.

IF your fathers have got swindled / cheated some near 50 years ago and given TOL, you think those swindlers & cheaters will give you back ?
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written by Jan, July 02, 2009 11:33:12
If this story is true then those "squatters" should get legal help to sue those who sold their land. Provide all the documents to back up your claim and I am sure the state govt will help to fight for your cause. LGE is not the sort of person who back off from an issue like this but there's only so much a chief minister can do without documentary proof.
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written by Wisdom above, July 02, 2009 11:36:37
Is this documented ? Was the "awarded the land" documented? they awarded the land to the workers of the estate and made the then Straits settlement the trustee of the land over which sat Kampong Buah Pala. By this act, they made the government of the day the trustee for the land. The trust owned the land. By and by after the Britishers left, the Malaysian federal government took over from the Straits settlement and became the trustee.

By this act, they made the government of the day the trustee for the land. "The trust owned the land". By and by after the Britishers left, the Malaysian federal government took over from the Straits settlement and became the trustee.

"The trust owned the land". Was this documented & registered under the British Torren Land system? In Malaysia, all land matters must be documented by registration to prove ownership. Does this piece of State Land possess a Master Land Title with serial numbers ?

How come still lose the case at the Federal Court level even "The trust owned the land" ? Was it ever registered under the British Torren System ?
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written by mikewang, July 02, 2009 12:02:25
Dear Naragan,

Do you have documented proof ?
A land with proper title cannot be converted to TOL without due process of law.
Perhaps the land was confiscated by the state many many years ago because of non-payment of quit rent for umpteen years.
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written by chin, July 02, 2009 13:40:24
The state government need to pass a law that allows them confiscate any land that was illegally transacted, if an official of the government is convicted of corrupt practice, the transacted land will be confiscated. There should be no statutory limit and enforceable even for past transactions..

It is really shameful that even now after a new state government is elected that governments servants involved in shady deal are not prosecuted and the corrupt transaction reversed.

Unless there is such a law, land corruption will continue.

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written by temenggong, July 02, 2009 21:26:00
Hindraf should try and locate the Brown family, which I'm sure they are doing.
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written by SiHangChai, July 03, 2009 00:41:42
Resident of Kg Buah Pala are squatters. Going by legal, they don't own the land; therefore they are sleeping at people's land. SO what if they have stayed there for 100 years? If Naragan N is to judge according to his way, then, the Malay should be called bumioutra and are all pendatang, right? They don't own the land; therefore, why should Malay be given special treatment? Just go and dove off the land for development.
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written by TwilightYears, July 03, 2009 09:20:58
Thank you for this article. Why then did the Hindraf chief, who is miles awayfrom the Malaysian shores accused LGE. (It smacks of him having ulterior motives) I know that this issue has been played up by the govt controlled and BN owned press.

The press media should then highlight the real culprit being the former Penang state government and the former chief minister who now tasked of key performance indicators for the BN govt.


I have erred in believing (in this case) , and still do, that a squatter is a squatter, and time is immaterial. He has to vacate the land that does not belong to him, but give it up to the rightful owner. But the way things are done in this case (eg converting the land to TOL) is improper. The kg buah pala resident has a good case. They seemed to be barking at the wrong tree. The one that erred is not LGE, but the former state government of Penang.

This is sad. The poor is always the victim to the filthy rich in UMNO.
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written by mamakstail, July 04, 2009 02:28:22
You people including the writers, bloggers, politician know nothing but tell grandfather stories, talking legal matters, politic, racist etc etc etc. I see none you people offers solution. I would like to share my experience something similar to this case. I’ve successfully developed and completed a project on a piece of alienated land about 5 acres back in the year 2001. We have about the same 50 odds squatters residing on the land. What we did is we sign agreement with the squatters people that they have to evict with condition that; no.1 we pay them a small sum for shifting out cost. No. 2 we rented flats to house those squatterers during the construction period and lastly we offer them either cash of Rm 25k or a medium cost apartment with a built up area of 750 sq ft at a discounted price of Rm 25k only per unit for each family. Although ours is a condominium but we integrate these smaller units with the expensive one. What the government help us is to give discounted on land premium charges, fast approval and most importantly higher units/density to cover back the loses on these units for squatters. It was a win, win & win for all, the squatterers, developer and government.
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