Tuesday, 17 April 2012

GEORGE TOWN: High Court here has granted a stay of execution for Kampung Boundary 5 residents who had applied against an eviction order.

Published: Tuesday April 17, 2012 MYT 11:30:00 AM
Updated: Tuesday April 17, 2012 MYT 12:32:39 PM

Residents get stay order against eviction (Updated)

By JOSEPHINE JALLEH


GEORGE TOWN: A High Court here has granted a stay of execution for Kampung Boundary 5 residents who had applied against an eviction order.

Judge Chew Soo Ho granted the stay of execution Tuesday for the residents of three houses that were set to be demolished by the developer.

The residents were represented by counsel Hardeep Singh Jessy and Harcharan Singh.

Hardeep said the houses were safe from demolition until the residents' appeal against the summary judgment for vacant possession obtained by the developer was heard at the Court of Appeal.

It was reported that the developers had obtained a court order to evict the residents and which was scheduled to be executed by Wednesday.

The Kampung Boundary 5 Residents' Association is currently embroiled in a civil suit with a property developer over the ownership of the 1.6ha village land.

On Feb 15, a High Court in Penang dismissed an application by two land agencies to strike out a suit filed by the villagers claiming that the ownership of their land was unlawfully transferred.

The residents had claimed that the land, which had been physically divided into 46 separate plots, was initially rented out to them in the 1960s, until the respective plots were separately sold to them at different times.

Again KL's mafia developers getting their way with the MPPP n PGGOV, what about the PG developers

Seeing red over diminishing green


REPORTS of exasperated residents protesting against the blatant destruction of hillslopes and remaining patches of greenery in their neighbourhood have become increasingly common in Penang these days.

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Blatant destruction of a hillslope for a housing project in Penang. Pic by Asman Ibrahim

From Tanjung Bungah on the northern tip to Sungai Ara further south and on to Balik Pulau on the other side of the island, long-time residents are at their wits' end as every available plot of greenery is destroyed and turned into a concrete jungle.

It seems there is just no end to the number of bungalows and million-ringgit condominiums that are being built by developers as the state government rushes to turn Penang into a "world-class city".

Little wonder that allegations have since surfaced about "mafia developers" taking over Penang and the state authorities being accused of bending over backwards to accommodate them.

The dilemma now faced by Penangites is just what can they do to reclaim their island and prevent it from being completely ravaged?

Just what can residents do to stop majestic looking old trees from being chopped down and replaced with ugly high-rise condos and so-called exotic villas for a select group of multi-millionaires?

There are many who would argue that people cannot stop development from taking place or prevent landowners from selling their property to developers.

Those in this group may have their own points and arguments on why more houses, apartments and condominiums need to be built on the island.

As it is, villagers who own plots of land -- especially in the Balik Pulau and Teluk Bahang areas -- are being aggressively courted by developers who just cannot wait to lay their hands on any available piece.

This was recently revealed by Pulau Betong assemblyman Muhammad Farid Saad who said land owners in such prime areas had received letters from a real estate agency seeking information on anyone interested in selling or even renting out their land.

The agency was apparently acting on behalf of developers and Farid is now seeking answers on how it had obtained information like the addresses of landowners.

While some landowners are only just being courted by developers, residents in other areas are being confronted with indiscriminate approval of projects in their neighbourhoods.

Last week, a group of Taman Desa Ria residents and those living in the Kelicap and Kenari areas gathered to voice their frustration over how the state authorities had approved a hillslope development after granting it "special project" status.

The protest attracted more than 100 residents and also representatives from other residential associations and non-governmental organisations, Sahabat Alam Malaysia (SAM) and the Citizens Awareness Chant Group (Chant).

Even Penang Island municipal councillor (MPPP) Dr Lim Mah Hui was there to express his concern about what was going on.

He made a shocking revelation that although he was part of the council's planning committee, he had no knowledge that the projects were approved by the One-Stop-Centre (OSC) which comprised four other councillors and MPPP department directors.

The most startling concern raised by Dr Lim was over the blurring of authority between the state government and local government, which had put the municipal councils in a position where they had to grant approvals according to the state government's dictates.

Batu Maung assemblyman Abdul Malik Kassim later tried to justify the approval given to the developers by stating that the OSC only approved the project after receiving the green light from the Department of Environment (DoE) and Public Works department (PWD).

He also went on to say that the project was approved since it met the council's planning and development guidelines.

However, he failed to reveal why the OSC did not take into consideration all the residents' objection to the project.

"What is the point of having a show of getting residents to voice their objections but then getting the OSC to grant an approval anyway.

"Just where is the transparency in all this," an irate resident fumed when asked to comment on Malik's statement.

Malik is now urging residents not to lose hope and has advised them to take their objections to the state Appeals Board.

The residents can only hope and pray that the board -- which is made up of three individuals appointed by the state government -- would listen to their side of the story in an impartial manner instead of taking a condescending stance against them.

That was exactly what happened to another group of Taman Desa Ria residents who appeared before the board last year.

The residents were given an earful by the board members for taking their plight to the media while the developer concerned had slapped them with a civil suit for disrupting the project.

The Appeals Board members may have their own reasons for having a go at residents who complain about projects to the media.

However, surely they have absolutely no right to stop or question residents affected by indiscriminate approval of projects from making public their grouses.

This goes against everything that the state government has promised, that is, to be transparent and accountable to the people.

Instead of chastising residents who have no other place to turn to, it would be good if the board gives a full explanation on why projects have been approved despite all the objections.

Meanwhile, there have also been calls for meetings held by the OSC, which approves applications to undertake land development projects, to be opened to the public instead of being held behind closed doors.

As a member of the Chant Group said: "If the MPPP has nothing to hide, then it should have no reason not to open up all the OSC meetings to the public as it will then enable the people to know exactly what is being approved in their neighbourhoods."

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KL developers eyeing hill projets in Penang - PGGOV allowing KL developers to build on the hill but Pg developers cannot get approval. Whats going on ??

Developers eye hills for projects


CONTENTIOUS: Hill slope developments are mushrooming, especially around the Sungai Ara area

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A hill slope development featuring 64 units of three-storey terrace houses will take place at the area covered with white plastic sheets. Pic by Asman Ibrahim

GEORGE TOWN: THE it appears like hills in the southern part of Penang island have become the new hotspot for developers despite more residents of Sungai Ara begin to speaking out against hill slope developments there., the it appears like hills in the southern part of Penang island have become the new hotspot for developers.

Following last Sunday's (April 8) protest organised by a group of residents from the Kenari and Kelicap areas against two hill slope developments behind their homes, Streetsthe New Straits Times conducted a check around the hilly Sungai Ara residential area to get a clearer picture of the housing developments there.

There is at least two more hill slope developments in the pipeline near the Taman Sungai Ara.

One is a project to build 33 two-storey terrace houses and 12 two-storey semi-detached units. The developer is also planning to set aside two plots of land for three-storey bungalows.

The new proposed development, which the Penang Island Municipal Council (MPPP) granted planning approval in December 2010, is located between Changkat Sungai Ara 2 and Changkat Sungai Ara 2A, just above a housing estate.

According to a resident, who declined to be named, the development received objections from the residents in 2008 as the project would  affect some 80 terrace houses located just below it.

 MPPP initially rejected the project in November 2008 on grounds that part of it would be standing on a steep hill slope exceeding 25 degrees gradient and that it would endanger the lives and properties of residents living below the project.

"In late 1999, we had a bad case of flood here. Muddy water from the hill behind us, where the developer now wants to build houses, was washed down into our streets.

"Then in 2008, we had another incident where muddy water from the hill flowed into our homes.

"Just based on our experiences with these two incidents, there was a lot of concern about the proposed project and what it could do to the hill slope," said the resident.

Then in 2009, the developer appealed to the state's Appeals Board, which was led by then chairman Datuk Abdul Rahim Uda.

The board instructed the council to give the developer planning approval with the condition that the developer fulfil all requirements pertaining to safety, maintenance, drainage system, retaining walls and all other safety aspects of the project.

"A group of us here are now trying to appeal against the council's approval. We are still waiting to have our side heard in the Appeals Board," he said, adding that the developer could not do anything to the land for the time being until the matter was resolved.

Another resident  also raised concerns that the area was slowly losing its green lung and open spaces for the community to use.

"We learnt that some plots, originally meant to serve as open spaces, were later converted and sold off to private buyers.

"Standing on those few plots now are bungalows," he said, adding that the MPPP should do something to ensure that open spaces were left for the benefit of the people.

Meanwhile, the other hill slope development is located nearby  Jalan Sungai Ara 1, where a different developer, who obtained a building plan approval, is building 64 three-storey terrace units.

Sites for hawkers, a community centre and a surau have been allotted for the project as well.

The project did not draw objections from residents nearby as they felt it would not affect them, a man living down the road from the construction site said.

Over the recent years, there have been many hill slope developments on the island, especially in places like Tanjung Bungah and Batu Ferringhi in the north, drawing objections and criticisms from communities in the areas and Non-Governmental Organisations (NGOs).



Read more: Developers eye hills for projects - Northern - New Straits Times http://www.nst.com.my/streets/northern/developers-eye-hills-for-projects-1.74481#ixzz1sGdx4flh

Sunday, 15 April 2012

Kampung Boundary Lima Penang eviction notice

Under a court issued eviction notice, 12 families in Kampung Boundary Lima will have to leave by April14.

GEORGE TOWN: Residents of Kampung Boundary Lima here are calling on Chief Minister Lim Guan Eng to directly intervene and stop the impending eviction order on them from their own properties.

The village residents' association president Santok Singh said he and two other households were facing eviction orders this Tuesday issued by the Sessions Court. Other families are expected to face similar orders later.

Under the eviction order issued on April 4, Santok and others have to give vacant possession of their properties to Bersatu Stabil Sdn Bhd, which claims right over the land.

Sandwiched between Jalan Boundary and Jalan Air Putih, the village comes under Lim's state constituency Air Putih.

Santok said he could not understand how the Sessions Court issued the eviction order to Bersatu Stabil when the villagers' suit claiming fraudulent actions to steal their land was pending in the High Court.

The case is up for hearing next month.

"It's our land, our properties.

"We want our assemblyman, the chief minister, to intervene and stop this potential travesty of justice," Santok told a press conference after an half-hour street protest the village.

Hindraf Makkal Sakti activists led by its advisor N Ganesan and the now demolished Kampung Buah Pala Residents' Association chairman M Sugumaran also joined the demonstration.

According to Santok, originally the land owner sold the land to 46 families who were staying in the village back in 1960s. Out of the 46, only 36 bought the land, while 10 more bought the house.

Initially the original owner sold the land as one single plot to the villagers. But he had promised them that he would soon sub-divide the land into individual plots of land ownership.

However, the owner failed to do so, and Santok said the elder villagers being either illiterate or semi-illiterate simply trusted the lawyers and owner then.

Among the village surviving senior citizen is 98-year-old Surjan Singh, Santok's uncle.

12 families still fighting

Santok said in early 2000, the owner sold the land to Cermai Semangat Sdn Bhd, which in 2006 transferred the land title to its proxy company Bersatu Stabil.

Since then, 33 of the 46 occupants took compensation and left the village, leaving 12 families to fight for their rights. One remaining land owner could not be identified or located.

"Now we are facing a major problem.

"We want the chief minister to stop the enforcement of the eviction order on April 17.

"The state government has a moral obligation to ensure that each Penang citizen prosper in development plans. We want to uphold our land rights," said Santok.

The villagers have submitted their original land ownership documents for the High Court perusal.

Ganesan slammed the system of governance for the villagers' predicament.

Drawing similarities with Kampung Buah Pala, which was commonly known as 'Tamil High Chaparral', he said land grabbing from poor, long-staying owners have become a national phenomena.

He accused developers, with the help of politicians, of robbing lands from the poor lay public by initiating legal actions to secure court orders to wrongly declare long staying residents as "squatters."

He said current system was not for justice, equity and fairness for lay public, but only favoured rich developers to continue enriching themselves in the name of development.

"The 12 families are on the verge of being robbed of their own land that they paid for, by the way justice is dispensed in our country.

"The government seems paralysed to act to equalise it," rebuked Ganesan.

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