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High Chaparral, the pig abattoir, the race card, double standardsâ€¦.

Posted by admin

Sunday, 05 July 2009 11:04

By G. Krishnan

What you see is not what you get. It seems as if many politicians – and I use that term to also include some activists – have gotten all hot under the collar about the DAP’s failings in the Kampung Buah Pala and for locking horns with PAS on the pig abattoir matter in Kedah.

Get a grip people. First, Hindraf and Uthayakumar needs to cool-off; perhaps have some refreshing chendol and think through the High Chaparral matter a bit more constructively. Does he really think Lim Guan Eng is in bed with the developers?

For a lawyer, he must know better the potential implications of a breach of contract – in this case, a contract the former state government – had undertaken - under the former chief minister’s watch. Yes, perhaps a stroke of the pen by the current chief minister may save the homes of the residents of Kampung Buah Pala.

But at what cost to the rest of the residents of the state? How that the current DAP state government finds itself in a dilemma like this, does it not matter what it might cost the rest of the residents of Penang to go back on their word?

As I’m sure we all – including Hindraf and Uthayakumar – surely understand, the former state government under Gerakan/BN was supposedly acting on behalf of the welfare and interest of the state when it undertook the agreement the developers. This is where Gerakan has put the residents of Kampung Buah Pala and the people of Penang. No, unlike what some might like to think, it doesn’t just take a stroke of the pen, to undo the BN’s mess.

Indeed, Uthayakumar ought to know better. If he’s worried about the marginalised Indians in Kampung Buah Pala – as is understandable – just imagine the legal and financial bind a stroke of the pen by the current chief minister to undo the agreement with the developer may cost the state government. The multi-millions that this will cost the people of the state will inevitably impact lots of other marginialised people who again will have to endure the consequences of further depletion of the state’s resources.

Comments (16) Add Comment

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written by Jan, July 05, 2009 11:17:59

If the state govt take back the land the villagers will be happy but the rest of Penang will be unhappy because they have to pay for it. Not only that, it will set a precedent where other villagers in a similar situation will be asking for the same treatment. When is it going to end? The villagers must understand the land is TOL land and the govt of the day can take it back any time they want. Come on HIndraf, go have a cendol and cool down. Just blame the Gerakan/BN govt for your misfortune and make sure they don't ever come to power again.

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written by freerpk, July 05, 2009 11:18:03

Shouldn't the present govt find if there was something illegal that had been committed in the alienation or sale of the land. I would presume if something like that happened then maybe the sale was illegal.....I am not a legal mind but logically if something illegal happened then subsequently all other action following should be not legal. The villagers will then be saved without the government coughing out a lot of money for compensation

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written by shamsulyunos, July 05, 2009 11:49:18

Jan,
interesting you should say that the land is TOL so the people shouldunderstand the the Government can take it back at any time they want... so you are saying it is OK for the current state Government to do it but the people should blame the previous Government if Gerakan did it

hmmmm

double standards

the truth is it is TOL and it is the Govt's right to take it back and th eprevious Government weighed the pros and cons and must have arrived at the conclusion that the development will bring more good to the rest of the state although it does cause terrible hardship to the residents of High Chaparral..

DAP has not been in power long enough to have to push through development programmes and projects that requires land acquisition... when they have to do it then they will have no excuse like its BN's fault

Government is about making tough choices, tough choices that would benefit the nation later,

how manythousands of acres were acquired to build the North South Highway, various road widening projects and the train double tracking and city highways... and even the squatter elimination programme

DBKL was the evil local council for evicting squatters but if they did not, we would not have a city that is relatively free of squatters, the city is not perfect but at least we are working towards it

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written by Umar Rentaka, July 05, 2009 12:02:01

2 Questions:
1. Should about RM 40 million spend to save the village at expense of other Penangite?
2. What precedent would this set?
3. What acton should be taken against the previous Government who did the transaction?
4. Does the State Government has power to transfer a Trust Land? The land was given to the villagers and the State was the Trustee. Isn't then, the tranfer is illegal and breach of Trust Deed? Did Koh Tsu Koon commit Criminal Breach of Trust?

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written by Jan, July 05, 2009 12:07:10

We have so much controversies at Kg Buah Pala because the land was transacted shadily without the knowledge of the residents or the current state govt. If the transaction was done transparently and I believed this state govt would have done it that way there wouldn't have been so much heartache. So it was the fault of the previous govt and the current govt have to sort out the mess.
There will be no double standards if everything is done the CAT way.

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written by chronos, July 05, 2009 12:18:03

With much due respect and humility, we (you and I) are in the position (rich or poor, happy or sad) we are today, is because of the decision we made in the past. Nobody owes us a living.

Demanding that the present state government to solve the problem dosen't guarantee that this situation will not happen again, unless each and everyone concerned, starts to wake up and decide to take the right step today and walk towards a better future however difficult it may be.

Just talking and blaming everyone else for the predicament we're in does not solve problems. Start today by making you lives a little better by taking the correct step for the future, one little step at a time. At the moment of choice "choose integrity'.

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written by Al Ambia, July 05, 2009 12:28:11

Uthaya,dont just hide yourself in oversea.Come back here and see the real problem before adding salts to the wound.A learned person like you should be able to differentiate between right and wrong.Tell your Hindraf man they are shooting at the wrong target.

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written by ssathia, July 05, 2009 12:29:24

All LGE has to do is to revoke the development approval for the land. Everything else will fall into place. The developer will have no incentive to develop. Value of the land will slide down so he can pay minimum compensation to take it back. The State has the right to do so. It has been done so many times under the Barisan Government. Have the Chinese forgoteen about the Matsu issue in Sabah and the Christians about the Shah Alam church that were stopped dead?

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written by ssathia, July 05, 2009 12:31:38

Al-ambia, Uthaya is here lah. It is Waytha who is overseas.

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written by SiHangChai, July 05, 2009 12:35:47

I am very disappointed with Mr P "John" Wayne of Hindraf and also the residents of Kg Buah Pala for pointing fingers at CM of Penang. Their behaviourials are just not excuseable and showed how 'backstabber' they are for their own interest without thinking why and when and how this has happened. CM of Penang is a very trustful and transparent person unlike the previous CM, and he has so many problems to look into, which are creation from the GOD of UMNO and Gerakan. YOu guys are just self-centered and selfish.

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written by Adriftboat, July 05, 2009 12:39:53

For once, I see a rational man speking out the consequences of the whole matter. It has legal implications. It is not as easy as most folks think and the compensation will affect the state coffer.
Morever, TOL is only temporary occupation of Land and that does not give the people the rights of ownership to the Land. So it is legally right that no compensation shall be given and if at all it is given, it is out of compassion for the affected people.
Do not expect too much from the current state government as they only rule for slightly more than a year and there are a huge mass of problems that they need to clean up. If at all blame it on KTK the idiot who played the people out.
How do you people know whether LGE is not having big headaces over this problem and how he is going to resolve the matter. To us it appears simple but to him, he has all the documents at hand and may have runned through them and the consequences thereof if at all he use his power to revoke the sale. Talking is eay and cheap, but LGE will have the bear the legal consequences. Bearing in mind tese documents are not meant for the public eye. So Uthaya, please do not use threat. It wont work if threat is used in this issue. I am fed up with Hindraft always using threats to get what they want. You are a lawyer and if you know the Land Laws well, I guess you wont be using threats time and again which I find is very disgusting.
LGE is no GOD who can perform miracles. He maybe able to solve problems but he cant please everyone so do not expect too much from him. Who knows he is now trying to figure out what he should do next.Maybe there maybe silver lining in the black clouds or just black clouds and if the latter, one has to accept it and get the compensation whether is given and move on.

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written by mikewang, July 05, 2009 12:40:12

Land acquisitions for development purposes will always be happening.
With respect to the Oasis land in question, that land was never acquired.
It was, at that point of time, government TOL land sold to a private enterprise.

Over the years after the return of the land from the federal government who were acting as public trustees for the land, the senior government officers coop saw the opportunity and somehow convinced the previous state government to sell that piece of land to them for a song. There is probably no coincidence that the developer is an UMNO linked company. That probably explained the speed in which the final transfer was effected so soon after power was transferred to the new government before the latter could realise what hit them.

If Jabatan Koperasi approves a bonus dividend arising from the development of this piece of land, we can see a huge bonus being paid out to the members of this kooperasi in the near future (if it had not already been done).

PR, and in particular DAP, may have won the election.
The actual running of the state government belongs to the civil servants, especially those senior ones.
Given the opportunity, they can topple an elected government, like what had happened in Perak.

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written by Cobweb76, July 05, 2009 16:20:39

Well said chronos.

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written by temenggong, July 05, 2009 20:00:08

Chronos must be living in Disneyland, and not Bolehland.

In our discrimination ridden promised land, everyone is a philosopher, and has simple solutions - work hard!

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written by hellboykl, July 05, 2009 20:00:53

G. Krishnan,

You are from DAP, you cannot give you comments as it sucks!
Try not to back DAP and think long-term effects.

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written by Arum, July 05, 2009 21:19:27

All problems has a solution.Try no eviction and see the GE13 in their favour.BN is watching DAP.Making High Chaperal failing to favour the resident will be rewarded in the GE13 .DAP had issues against BN.Come next GE 13 BN can wack them back with the same way DAP did.Choice is for DAP.Money or people votes.

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