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CM rejects swapping another piece of land with developer

Posted by admin

Sunday, 05 July 2009 10:54

(The Star) GEORGE TOWN: Chief Minister Lim Guan Eng has all but rejected a proposal from Kampung Buah Pala residents to offer another piece of land to the developers in exchange for their village.

Speaking to reporters after opening the Penang International Halal Hub task force meeting in Komtar, Lim said: “Which piece of land is available (to swap)? What about the cost involved? And we also have to look at the precedence (it sets).

“I sympathise with their plight but the state has to abide by the rule of law,” he said, adding that the Federal Court had held that the 2.6ha land known as High Chaparral belonged to the developer.

“The other solution is to ask the Federal Government to compensate the developer and take over the land or get the developer to pay the compensation previously offered, which is RM200,000 a family.”

Lim said the state was now in a predicament as the developer had rejected further negotiations to offer compensation and the residents had rejected receiving any payment, hoping to continue staying there.

“The state government cannot afford to buy back the land. It has been earmarked for development and on top of that, it is freehold.

“Compared to the Tang Hak Ju (land scam) case which may end up costing the state RM40mil, the magnitude and costs of the Kampung Buah Pala case are frightening if held in comparison,” he said.

Lim refuted claims he was evading the residents, saying he was willing to see them but not the opportunists.

Meanwhile, Hindu Rights Action Force (Hindraf) legal adviser P. Uthayakumar suggested that Lim sign the compulsory purchase order under Section 76 of the National Land Code 1965 read together with the Land Acquisition Act to secure the land on grounds of public interest.

Telling Lim not to keep blaming his predecessor, Tan Sri Dr Koh Tsu Koon, he advised him to undo the injustice against the residents.

“The village is the last of its kind in Penang and should be preserved. The land was given to the residents by Helen Margaret Brown who created a trust in favour of the workers at the coconut plantation more than 200 years ago.

“A trust cannot change without a valid court order. I ask Lim to produce the order that did away with the trust within a week,” Uthayakumar told a press conference at the village.

Comments (13) Add Comment

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written by DanDan, July 05, 2009 11:27:45

This guy Ooothaya has suddenly become an Amno dog after serving his Kamunting holiday stay.

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written by macakmy, July 05, 2009 11:32:17

Well, now we know why they let him out of Kamunting...

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written by Jivathma, July 05, 2009 11:35:54

The land was given to the residents by Helen Margaret Brown who created a trust in favour of the workers at the coconut plantation more than 200 years ago.

â€œA trust cannot change without a valid court order. I ask Lim to produce the order that did away with the trust within a week,â€ Uthayakumar told a press conference at the village.

Interesting, Seems like Uthaya Kumar has done his homework and not simply throwing words.

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written by jshing2158, July 05, 2009 11:40:31

As Mr.Uthayakumar rightly said, a trust cannot be change without a valid court order. As reported, the Federal Government was the trustee at the time. Why ask LGE to produce the court order when he is not the one who committed this "fraud" on the beneficiaries of the trust. Since if the Federal Govt. is the trustee and if they were to change the trust, the beneficiaries MUST be inform anf if the land were sold, then the proceed should rightly goes to the beneficiaries. RIGHT? The Trustee also has a duty to ensure they acted in good faith in all their action failing which they could be charge for commiting a criminal breach of trust. SO Mr.Uthayakumar, don't you think you are barking up the wrong tree?

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written by Jan, July 05, 2009 11:50:47

This shady land deal together with other land scams should be used by the Pakatan govt as cannon fodders in ceramahs to disgrace the previous govt to send a message across that this is what will happen if they ever come to power again.

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written by mikewang, July 05, 2009 12:09:35

YAB Lim is acting responsibly towards his office and the tax payers of Penang by not accepting the irresponsible proposals of Hindraf.

Let me repeat this.
The state government collects only RM250 million of tax revenue from her people.
Most of that money go to payment of salaries of state employees.
If YAB Lim acquires the land and opens the state to multi million ringgit suit, he may as well say bye bye to running the state government because he could be voted out in the next general election for putting the state finances and the smooth running of the state government to jeopardy.

i. The BN federal government would just love to see the bankruptcy of Penang as they alone have the financial ability to bail out the state.
This would provide them a back door entry to run the state and could give UMNO the chance to run the land portfolio again.

ii. Politicians please don't simply fan emotions of the villagers and the Indian community by suggesting that the sum involved is small. Yes, it was almost negligible when KTK sold the land to the senior government coop but a free hold land at that location is NOT cheap. The then BN exco had the right to sell land and it would be a nightmare to prove the involvement of corruption since the whole exco approved the sale.
Does any sane person here expect that a corruption charge against UMNO officials by a PR state government using senior government officials (note the owner of that piece of land) can be successful ?
Please lah ...

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written by mikewang, July 05, 2009 12:17:02

One more thing, the Hindraf leader simplifies the situation by asking Lim to sign the order to acquire the piece of land under the Section 76 of the National Land Code 1965 read together with the Land Acquisition Act to secure the land on grounds of public interest.

I propose too that he and Hindraf advise the state on the compensation issue as article 12 clause 13 of the federal constitution decreed that "No law shall provide for the compulsory acquisition or use of property without adequate compensation."

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written by Wisdom above, July 05, 2009 14:49:32

Look like the squatters regretted listening to wrong legal advice?
Now Hindraf instigated squatters are desperate as they will not get a single cent ?

Now how to get the developer to pay the compensation previously offered, which is RM200,000 a family.â€ ??

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written by 1351, July 05, 2009 15:59:07

Nicely done mike and while this land scam is on going, we are also witness to opportunist grabbing their 15 seconds of fame as political currency.

It is sad Hindraf has done injustice to its own cause, evolving into a mosquito party to serve another fragment of the Indian community - as if another faction is needed to go along with all incarnations !

High time the brothers take a good look in the mirror and consider the following, ie. Penang govt jeopardising its finances for the sake of 23 families who won't budge, is a NO GO lah.

Casper

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written by 1351, July 05, 2009 16:05:41

The offer of RM$200,000 or whatever sums tendered, is OFF the table.

Now that the offer has lapse, the developer is under no obligation to pay anything and as Wisdom above rightly suggested, some loose lips may have done injustice, giving wrong counsel to the 23 families and to this end, HABOK PUN TAKDA. And if Wisdom above is correct, Hindraf has lots to explain to the 23 families and not apportion blame elsewhere.

Casper

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written by chiongguo, July 05, 2009 19:18:39

Uthayakumar is a lawyer and of course a politician or ngo chief wannabe and yet could make such a demand without having any proof that there was indeed such a trust. He, as a lawyer and politician or ngo chief wannabe, should at least have enough substance before shooting. What he is doing now is nothing more than shooting blanks or sometimes it is called "farting in the wind"

If you really have the proof wouldn't it had been better for you to go to court with it ? So this demand is really nothing but playing to the gallery and those poor kg.pala families believed in you and you manipulated them for you to get a bit of limelight. Shame on you !

Jivathma wrote :

Interesting, Seems like Uthaya Kumar has done his homework and not simply throwing words.

What homework ? Get your facts right !

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written by fairnessforall, July 05, 2009 22:44:57

Jivatma. maybe Uthaya should first produce the trust that was created to proof that the land was given to the villagers 200 years ago. And even if that is so, why did the villagers keep quiet all these years when the BN goverment took the land away and were charging them TOL. Why now when PR has taken over only 1 year, they are blaming PR. I think Uthaya is an opportunist and he is only interested in what he can personally gain. Seems like now he is working for BN to discredit the Pakatan.

If he is so smart, why doesnt he just sue KTK

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