Penang Kampung Buah Pala controversy – Koh Tsu Koon should speak up as to whether he would make amends for his decisions as Penang Chief Minister by securing Federal Government grant to Penang State Government to resolve issue with “a stroke of the pen”?


The former Penang Chief Minister and now Minister in the Prime Minister’s Department, Tan Sri Dr. Koh Tsu Koon should speak up as to whether he would make amends for his decisions as Penang Chief Minister in the Kampung Buah Pala, Penang controversy by securing a Federal Government grant to Penang State Government to resolve the issue with “a stroke of the pen”?

The Penang Pakatan Rakyat government is now caught in a vice created by Koh’s administration although it had prevented the eviction of the residents in the area since the middle of last year.

Firstly, Koh must explain why as Chief Minister, his Executive Council had approved the state government land of Kampung Buah Pala to Koperasi Pegawai Kerajaan Pulau Pinang, first time on 18th August 2004 and second time on 8th June 2005 at a very low premium of RM6.42 million or RM20 per square feet.

Secondly, why Koh and his Exco subsequently halved the premium to RM3.21 million or only RM10 psf on the recommendation of the Umno Deputy Chief Minister – far below the market price of the prime land.

Thirdly, why Koh and the Penang State Government had not consulted the residents concerned before alienating the land which is now to be developed into the 14-storey luxury-living Oasis project with a Gross Development Value of RM150 million, comprising 490 condominium units (priced from RM240,000 to RM290,000) on the 2.6 hectare site.

It has been said that the Penang Chief Minister, Lim Guan Eng can resolve the Kampung Buah Pala issue with “a stroke of the pen”. Yes, it can be resolved with “a stroke of the pen” but involving compensation for the RM150 million Oasis project.

Can the Penang State Government afford such a compensation?

Is Koh prepared to raise in Friday’s Cabinet meeting that the Federal Government make a grant to the Penang State Government for the amount needed to resolve Kampung Buah Pala issue with “a stroke of the pen” by the Penang Chief Minister?

Time has come for Koh to speak up or he will be failing his own KPI although he is the Cabinet monitor to oversee the KPIs of all Ministers.

  1. #1 by carboncopy on Wednesday, 1 July 2009 - 1:09 pm

    Khir Toyo got away with all the land scam and Mickey Mouse trip.
    Khoo Tsu Koon is getting away with land scams and now High Chaparral land scam.

    All the federal agencies are used to protect corrupt to the core BN politicians.

    I hope Pakatan will pursue this culprits when they take over federal power.

    No forgiveness and forgetfulness. The ordinary Malaysians paid too much for the sins of the BN corrupt crop.

  2. #2 by k1980 on Wednesday, 1 July 2009 - 1:15 pm

    Forget about any Federal government grant. So where can the Penang State Government get the RM150 million as compensation for the Oasis project? Surely not by imposing a special head tax of RM150 on every man, woman and child in Penang?

  3. #3 by dawsheng on Wednesday, 1 July 2009 - 1:54 pm

    Thirdly, why Koh and the Penang State Government had not consulted the residents concerned before alienating the land which is now to be developed into the 14-storey luxury-living Oasis project with a Gross Development Value of RM150 million, comprising 490 condominium units (priced from RM240,000 to RM290,000) on the 2.6 hectare site. – Kit

    A rough calculation given the figures above will tell you that the developer is expected to reap profit close to RM100 million easily. How big is 2.6 hectare? Size of two soccer field? We are looking at a case where the market price for the land may fetch more than RM80 psf conservatively but sold for RM10 psf, I believe the status of the land should be only for 99 years. Well, MCA got PKFZ, Gerakan has Kampung Buah Pala.

  4. #4 by carboncopy on Wednesday, 1 July 2009 - 1:58 pm

    RM12,500 million vs RM150 million

    Just imagine the scale of PKFZ scandal.

    1 PKFZ : 83.33 Kg Buah Pala

  5. #5 by dawsheng on Wednesday, 1 July 2009 - 1:59 pm

    Secondly, why Koh and his Exco subsequently halved the premium to RM3.21 million or only RM10 psf on the recommendation of the Umno Deputy Chief Minister – far below the market price of the prime land. – Kit

    Gerakan is UMNO’s running dog.

  6. #6 by k1980 on Wednesday, 1 July 2009 - 2:04 pm

    Uthayakumar has set up his own political party, which will be known as Parti Hak Asasi Manusia (PAHAM). A much better name would be “The Liberation Tigers of Kampung Buah Pala “

  7. #7 by rabbit on Wednesday, 1 July 2009 - 2:12 pm

    yo yo another scandal cattch. LGE, dont let him run away. penang lang is looking it. dont dissapointed us. DOWN GERAKAN!!!

  8. #8 by ktteokt on Wednesday, 1 July 2009 - 2:19 pm

    And to forgo this stupid project, BN will be paying hundreds of millions as COMPENSATION just like what happened to PKFZ.

  9. #9 by dawsheng on Wednesday, 1 July 2009 - 2:26 pm

    The developer can reap enormous profits with just RM3.21 million, they don’t even need to fund the development, the bank willingly will. If Hindraf is serious about protecting Kampung Buah Pala on the ground that the land is of cultural importance to the community, make a case, then take their case to fellow Penangites, do a petition, ask them not to buy the development.

  10. #10 by grace on Wednesday, 1 July 2009 - 2:40 pm

    Koh Tsu Koon,
    How can you sleep dso soundly now that the villagers are facing eviction?
    Where are your balls? Meet the villagers to explain to them, instead of LGE.
    Koh, you had caused untold misery to Penangites during yuour office. Now Gerakan is obliterated froim Penang.
    Gerakan has no fututer in Pg anymore.

  11. #11 by OrangRojak on Wednesday, 1 July 2009 - 2:49 pm

    I’m a bit disappointed to see the ‘{how|very} sad’s in your Tweets. Protest is not sad – it’s fantastic! If protesters had any power, they’d be using it. They don’t, so they go and shout in the street for a while. It’s a very good deal for the powerful, who get what they want anyway. The powerless shout a bit, get in the newspapers, then go home empty-handed anyway. What’s your problem with that?

    The attribution is wrong. Well, this is Malaysia. A recent Hindraf protest outside the British Embassy was also widely regarded (particularly outside Malaysia) to be deliberately laid at the wrong door. You can point at BN all you like, but the protesters are not stupid – how far do you think they’ll get in KL burning effigies of federal ministers?

    The Penang administration should pursue what appears to be wrong-doing in the previous administration over the KBP sale (why the delay?), that seems like a sensible path. You’re going to have to cheerily accept protest though, and cheerily accept it being laid at the wrong door for maximum benefit / minimum cost to the protesters. PR win votes whenever BN put down a protest, tell people they don’t have a voice, or tell them they’re being irresponsible, irrational, disharmonious or ungrateful. It would be an appalling error to do the same thing.

  12. #12 by k1980 on Wednesday, 1 July 2009 - 3:01 pm

    Hindraf needs to clarify why they are not protesting against KTK who sold off their land for RM10/= per square foot. Why are they protesting now, 5 years after KTK sold off the land? (Actually it is not their land because they are squatters) Are they scared of the Backdoor Minister, then and now?

  13. #13 by House Victim on Wednesday, 1 July 2009 - 3:42 pm

    =Accountability should be reflected.
    =Responsibility should be emphasized with Continuity, especially with a Government.
    =A “Due Diligent” exercise MUST be conducted by any Incoming Party on ALL Wrong Doing or Negligence of the Previous so that they can release their obligations on the old problems.

    This will help People to consider DAP Government Responsible and capable also for fixing the problems of the past. An important factor to help DAP to be re-elected in next GE.
    ANY EXCUSE TO STAY AWAY WILL ONLY IMPRESS PEOPLE THAT DAP DOES NOT HAVE THE ABILITY TO DEAL WITH THE PROBLEM.

    The New Government must understanding the Limitation Period applicable for such Due Diligent. Most probably it is only a 3 years period on Government Matter and related to Public Servants.

    Most probably the following questions are to be answered.
    —————————————————————
    1. What are the purpose of making the land alienation?
    a) What are the benefits to the Penang Government?
    Does it provides More Revenue (immediate & long term), creating prosperity, meeting residential need of the Pengnites.
    b) What problems will arise that should be attended? Such as resettlement? etc..
    c) Any budget required to cope with such change? Such as expansion of Road, sewage, school, health, etc..when it will take in more residents.
    d) Basically, the land should be sold according to Market Price. So that it can take care of all necessary expenses mentioned above.
    Otherwise, financially, it does not give any standing to sell the land.

    2. Has it been handled in a fair manner with respect to 1. above and whether it has been accordingly to proper procedures?

    3. The resettlement of the squatter should be of FIRST PRIORITY for a People’s Government. Since the People DO NOT OWN the land under the Law, the Government should sort out the matter on basis of a Low Cost House on basis of Humanity with no discrepancy to NLC (National Land Code). This will discourage other squattering and facilitate future resettlement when necessary.

    4. From point 3 above, the financial need for the Government to settle the squatter will then be limited to 50,000 or 60,000 per family.

    5. The sale of the land to the Developer much below market price should at least
    a) cause the DAP government to seek a Court Order to suspend the sales or to adjust the price accordingly with a third party proceeding against ALL those who had decided on the sales with apparent BIAS (so that the Authority Protection Act or Public Servant Act should not be applicable in this case).
    b) from the adjusted price, I believe the Government can settle the resettlement of the squatter without any Federal fund (which is ridiculous when the Local Government has land to sell!!)
    c) The Government will have surplus to provide the necessary facilities to turn that area into a proper residential area and for other expense for Penang.
    d) The Government should get the squatter the legal council from Legal Aid of the Bar Council. Or, by the Legal Council within the Government. This avoid the squatters to be caught by those crooked or irresponsible lawyers which are quite abundant in this countries.

    I believe the above is a pure Adminsitration and legal consideration with nothing Political. ALL, including Developer, Government, Public Servant and Squatter should be tabled before the law.

    WHETHER THE COURT WILL ACT FAIRLY WILL THEN BE ANOTHER MATTER.

  14. #14 by dawsheng on Wednesday, 1 July 2009 - 5:01 pm

    LIM GUAN ENG LIES TO THE POOR AND HELPLESS

    A REPLY AND CHALLENGE TO GUAN ENG

    Dear Guan Eng

    I read with care your posting on the call to HINDRAF to wake up and not blame you for the people’s predicament.

    You may well remember (or perhaps you and your kuncu-kuncu have now forgotten) that before the last General elections these residents of Kg.Buah Pala did see you and your Kuncus to highlight their problem. Mind you they were already at that time battling a losing war in the Malaysian Courts of Injustice. You and you kuncus made promises that should you win and take over the State you would give the people of Kg.Buah Pala a SOLUTION.

    You cant be as stupid as you sound. You know pretty well what you are talking about. The losing LEGAL battle of these poor and defenseless people are separate matter all together so I repeat DON’T PRETEND TO BE A FOOL AND NOT UNDERSTAND AND APPRECIATE THE ISSUE AT HAND.” Do not hide behind the Federal Court Ruling and say that you respect and uphold the Rule of Law. The residents are now not talking about the decision of the Federal Court but THEY ARE TALKING ABOUT THE SOULTION THAT YOU HAD PROMISED THEM BEFORE THE ELECTIONS. In any event if you had respected the Rule of Law why then did you when you were jailed many years ago claim that you were wronged by the decision of the highest court of Law. If you respect the Rule of Law that you are talking about then we should all accept and refer you as EX CONVICT the CM of Penang.

    http://makkal.org/content/lim-guan-eng-lies-poor-and-helpless-0

  15. #15 by seage on Wednesday, 1 July 2009 - 5:06 pm

    Why would there be calls to ask the state government to re-acquire that piece of land in Kg Buah Pala?? I don’t know about you but I certainly smell a rat here… say the land owner?

    Also, how conveniently that the price has been stated to be at RM30m. Doesn’t that sounds like someone (Maybe a kidnapper for instance) telling you that everything can be settled for a certain sum?? hmm?

    Anyway, even if the Penang state gov can afford that, I will still say use that money to help the 300+ homeless instead which worked out to be approx. RM89,900+ per family instead of letting the developer line their cronies pocket.

    *wink* *wink* CM Lim

  16. #16 by sheriff singh on Wednesday, 1 July 2009 - 5:14 pm

    “The residents of Kampung Buah Pala, said to be the last Tamil heritage village in Penang, are facing eviction and claim there was foul play in the transfer of the land from the state to the co-operative in late March 2008.” The Star today

    “last Tamil heritage village”. Since when did this village become a “heritage village”? Why is the Federal Minister of Culture and Heritage not interested at all if it is a “heritage village” going into extinction? Is this phrase an euphemisn for “slum”? Anybody can paste pictures or videos of this “heritage village” and their way of life?


    Waythamoorthy lambasted Penang Chief Minister Lim Guan Eng for not exercising his power to use the National Land Code and the Land Acquisition Act to settle the problem.

    He said the residents were not asking for compensation.

    “All they want is to continue living in Kampung Buah Pala and practice their heritage and culture,” said Waythamoorthy in a telephone interview from New Delhi where he was meeting Indian leaders.”


    The Star today.

    Firstly, if Waytha wishes to fight for his oppressed people he should take the next flight home and not comment from afar. Or use innocent children. Come over here to the hot spot.

    Secondly, these “heritage and cultural villagers” merely want to live permanently on land which is not theirs nor the state government’s anymore. They want the state government to compulsorily acquire the land back from the developers (no matter what the cost is) so that they can live permanently on state land and not be disturbed in pepetuity.

    How audacious!!! Which government BN or Pakatan will do this? What is so special about these people that the state government MUST comply with their wishes if not threats? They just don’t want to relocate, period.

    I am not condoning the abuses of the past government that led to this mess as that is a different matter that needs to be investigated. I think the villagers are just being difficult.

    If it is a matter of inadequate compensation, then look into it and resolve it. Many “heritage and cultural” villagers have already taken the compensation and left. Resolve the remainder. If (say) each family is offered a million (say), I think the whole village will move and there won’t be any “heritage and cultural villagers” left by tonight.

    So look at what are the villagers’ concerns. What’s keeping them there? Is it the inconvenience of relocating? This can be resolved easily. Is it inadequate compensation? Is it a “cultural and heritage” issue? Are they just wanting to be stubborn? What? What? Hindraf should help resolve this matter instead of becoming antagonistic and difficult against the state government.

    But the state government must NOT kow-tow to these people as it will set a very bad precedent and open up floodgates everywhere. If the state government blink, it will fall.

    p/s Why is this place called “The High Chapparal” when there are just “Tamil Hindu Cultural and Heritage” villagers living there? We are not in some desert in the Wild Wild West. Manolito and Buck are laughing their heads off.

  17. #17 by dawsheng on Wednesday, 1 July 2009 - 5:46 pm

  18. #18 by Onlooker Politics on Wednesday, 1 July 2009 - 5:55 pm

    How is Hindraf going to justify its political cause of fighting for the interest of Tamil in Malaysia if Hindraf simply shows us a lousy corporate image of a group of trouble-makers who always indulge themselves without prejudice in the whimsical dream of being imaginatively persecuted by the Government, whether it is a PR Government or a BN Government?

    Is Hindraf going to form a THIRD political coalition in Malaysia in order to create a tripod balance of powers in the political arena of Malaysia? I believe Hindraf is going to create further division among the Tamil Community in Malaysia if it refuses to give up its political struggle along the racist line. The current popular political trend which is in favour of the multiracial cooperation in Malaysia will never permit a racist party to fare well in general election. Hindraf is bound to fail like MIC in politics if it chooses to fight its cause by using the race card, which is narrow-minded and hostility-making when being used in a multiracial country like Malaysia.

  19. #19 by Bigjoe on Wednesday, 1 July 2009 - 6:02 pm

    This thing sound a mess. So what to do in a mess? Focus on the biggest culprit and keep hitting at it, sooner or later everyone will focus on the big culprit.

    This thing is not over. KTK and Gerakan is going to get hit again and he will then tell LGE not to use him as a scapegoat…

  20. #20 by YK Leong on Wednesday, 1 July 2009 - 6:22 pm

    With the stroke of the pen, all is over and the villagers will get back the land. It is easily said than done. The transaction of the state government land of Kampung Buah Pala had been concluded.
    The Hindraf leaders must be reasonable in their demand. We are very sure YAB Lim Guan Eng will not run away to do whatever he can within his means.

    The backdoor listed minister must not run away but return to Penang to explain the true situation and what actually transpired to these villagers. Since he is a backdoor listed minister, he is in a better position to bargain with the Federal Government for funds to resolve the mess brought by BeEnd. Backdoor listed minister, can we have a happy ending?

    Lastly, I appeal to the Hindraf leaders to ensure that their movement is not infiltrated by BeEnd collaborators as seen in yesterday protest in Komtar, especially the behaviours of a few protesters.

  21. #21 by yhsiew on Wednesday, 1 July 2009 - 6:41 pm

    Secondly, why Koh and his Exco subsequently halved the premium to RM3.21 million or only RM10 psf on the recommendation of the Umno Deputy Chief Minister – far below the market price of the prime land.
    ====================================================

    Ai-ya, it is all because of cronyism mah!

  22. #22 by Onlooker Politics on Wednesday, 1 July 2009 - 8:14 pm

    “Thirdly, why Koh and the Penang State Government had not consulted the residents concerned before alienating the land which is now to be developed into the 14-storey luxury-living Oasis project with a Gross Development Value of RM150 million, comprising 490 condominium units (priced from RM240,000 to RM290,000) on the 2.6 hectare site.” (Lim Kit Siang)

    Woh! The condominium units will be priced with a range of from RM240,000 to RM290,000 per unit. Is the per square feet built-up price going to be something lies in between RM250 per square feet and RM350 per square feet? Quite expensive, isn’t it? Moreover, it is going to be 14-storey high. That makes me recall of many suicide cases which happened by suiciders’ jumping from top floors of the 14-storey flats located at Lobak, Seremban.

    Very bad Feng Shui lah! Who is going to buy the condominium? I think it is much better for the developer to sell back the land to the Penang State Government at cost price in order to cut losses!

  23. #23 by ALLAN THAM on Wednesday, 1 July 2009 - 8:18 pm

    All these scheme is common to BN. Each of the component parties will have some share in one way or other. They just milk the people like they milk the cow but the only different they milk until the cow bleed.

  24. #24 by SpeakUp on Wednesday, 1 July 2009 - 10:14 pm

    Mr LKS … PR is cracking with PAS Youth, DAP in Kedah and other nonsense. I think the honeymoon is over for you and your talk. Told you before. Take care of yourself and let BN rot. Build your base, serve the people and rule at least in the 4 states for many many years. All you can do is to bark at others. Look at yourself, look at PR today.

    p.s. why you have no comments about DSAI saying we need to focus more on Bahasa? Why are you so quiet? Be fair, champion for what is right and what the people feel. Come on SPEAK UP!

  25. #25 by frankyapp on Wednesday, 1 July 2009 - 11:55 pm

    Hi guys,what’s wrong with us ! Look at South Korea,ex-president committed sucide as he couldn’t withstand the tough pressure being pressed on him by the investigation of his past corrupted acitivites.Chin Sui Ping aka Ah peng ex Taiwan president for two terms is currently under trial for corruption and if found guilty will likely be sentenced to alteast 20 years in prison plus confistication of all his illgotten properity including all those belonging to his wife and SIL. Thailand ex prime minister Thathsins (sorry couldn’t spelt correctly) is being charged for various illegal and corruption activities and now is on the run,hiding in the UK. And the list of corrupted ex-presidents and prime ministers who have been charged and found guilty can go on and on.But what’s up in Malaysia,Millions and billions of scandals are being exposed with concret evidences over the past five decades ruled by five prime minister and now by the six prime minister but yet not one of them is being charged ,let alone five of them,now with another one .What’s wrong with our investigation ? Why are these investigators so in capable ? Or are they as corrupted as the corrupts ! Oh boy,if our police investigators are honest and fair,the trial judges are ethical,I think we would have needed many more larger prisons through the country to accomdate all these convicted criminals,

  26. #26 by sean on Wednesday, 1 July 2009 - 11:57 pm

    Even though acquiring the land should be a no no…but if all else fails and land acquisition is the only solution that can resolve these matters then it should go ahead but the range should be within a sum in which the state govt can afford.And at the same time a condition must be attached in the land acquisition in which the state government has all the rights(not the original occupiers) to develop the land which will then be sold back to the existing occupiers(priority goes to the original occupiers) as well as open up other units or lots (apartment or any other development) to other needy citizens of Penang.That land will be used to resettled the needy regardless of race or religion.That means the current occupiers will not be squatting in its original size of land anymore should the state takes over the land through acquisition. State government can either jointly develop it with the current owner or jv with other caring developers instead even though the profit are small or probably break even.And if that land can be use to help more numbers of Penang citizens in need than the current existing occupiers, then we should give it a thought.

  27. #27 by frankyapp on Thursday, 2 July 2009 - 2:37 am

    Sorry… to acommodate…. oh yeap, Ex-president Suharto of Indonesia,publicly being trial and humiliated, ex-president F,Marco the great,arrested,trial and was exile to spend the rest of his miserable life in Hawaii.Another ex-president of the Philipine was arrested,trial and convicted to prisonment for corruption ie the once famous actor Joseph Astraca(sorry,couldn’t spelt the last name correctly).Remember Pol Pot of Cambodia,he raped and killed many of his own people,corrupted to the core,he too was arrested,being trial,convicted to life imprisonment but died of illness while in prison.On the contrary in Malaysia,our past prime ministers who have exploited almost all the country’s natural resourses for one’s own profit,still remain untouchable.The people of Malaysia are humiliated even deeper while some of them were awarded “Tunships”. I guess,like all of you guys say “it happens only in bolehland “.

  28. #28 by Onlooker Politics on Thursday, 2 July 2009 - 2:47 am

    The developer’s original plan of developing the Kampung Buah Pala Land into the 14-storey luxury-living Oasis project with a Gross Development Value of RM150 million, comprising 490 condominium units (priced from RM240,000 to RM290,000) on the 2.6 hectare site does not seem to be a good idea. In view of the current bleak outlook in residential property market throughout the whole world, there are many social aspects as well as the marketability aspects of the proposed project which the developer needs to take into consideration.

    First of all, can the developer fully sell out the 490 expensive condominium units? If no, what is the point of building such a luxury but impractical condominium project with a swimming pool when most Malaysians simply do not have much whimsy or fancy about enjoying the sun tan at the poor side? If yes, then why the developer does not build some shopping shop lots in the vicinity of the project site in order to maximize the utilities of the limited land area?

    As far as I know, a condominium project with a swimming pool just isn’t a good idea for the ordinary Malaysian people. We have plenty of failed examples such as the PD Marina Project at Port Dickson, the A’Formosa Condominium Project at Pegoh, Melaka, and the Mulpha Leisure Farm Project at Gelang Patah, Johor.

    Secondly, the developer shall maximize the return on investment by revising the architectural building plan and getting the Kampung Buah Pala residents to get personally involved in the economic activities of a new project plan.

    Since Penang Island is just a small island with very limited available land areas, why doesn’t the developer think of scrapping the swimming pool idea and replace it with something of higher commerical value such as a combined complex of shopping floor spaces, office spaces, food courts, indian cultural and heritage corners for aesthetical value, and the residential spaces at the upper floor areas? With such a revision in the project plan, then the developer shall at least be able to show some friendly gesture to the Indian Community of Penang by offering to sell the smaller units of residential penthouse to the existing residents of Kampung Buah Pala at a much affordable price.

    If the developer still does not get a good glimpse on what I am trying to say here, then the developer should send his architect to go visit Takashimaya at Orchard Road, Singapore in order to borrow some fantastic ideas from the Japanese investors in Singapore. By inviting the Indian residents into the involvement of a much more presentable project, the developer should be able to unlock the deadlock of the present predicament at Kampung Buah Pala. No matter what, we should not permit a few people of their own political agenda to stop the development of a construction project at Kampung Buah Pala because the kick-off of the property construction project there will at least create some job opportunities for some Penangites at the present critical juncture of economic recession.

    I believe Lim Guan Eng is trying to decide on the best for the majority of Penang people.

  29. #29 by SpeakUp on Thursday, 2 July 2009 - 10:03 am

    Onlooker … whether the project will be successful or not is the developers issue but its inane to say that we should not build condos with pools, people are buying trust me. There is no rationale in working with the squatters. They are squatters … they need to leave. Period.

  30. #30 by k1980 on Thursday, 2 July 2009 - 11:05 am

    By Naragan N

    The Developer NUSMETRO VENTURES who is trying to develop the land on which kampong Buah Pala sits says 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.

  31. #31 by wesuffer on Thursday, 2 July 2009 - 11:38 am

    BN is given greenlight for media tv news and news paper to broadcast how the resident show frustration and scolding on CM or whatever issue involved pakatan.
    if residents is complaining BN government sure all media will coverup.

  32. #32 by Onlooker Politics on Thursday, 2 July 2009 - 11:48 am

    “whether the project will be successful or not is the developers issue” (Speakup)

    Speakup,
    I don’t care whether you are a lawyer representing the interest of the developer here but please do think twice when talking about a failing property project is going to be only the developer’s issue. Don’t you know that the property buyers are all required to pay a minimum 10% deposit or at least sign a housing loan borrowing agreement with the banker first before the developer will proceed with the construction of foundation works? If the project is not going to be salable, it is quite likely that the developer will go bankrupt in the midst of doing the construction works. There are public interest involved in all massive scale housing development projects. We don’t want to see another round of rescue scheme being invoked with the public funding through some government funds like Dana Harta or Dana Modal.

    Even if the failed project will not be rescued by the Federal Government, the abandoned project is also going to become an eye-sore to the public and the tourists. For instance, take a look at Kemanyan City project at Tampoi, Johor and another Kemayan Shopping Complex at Seremban, Negeri Sembilan. About 11 years had gone but the abandoned Kemayan projects still remained an eye-sore to many Malaysian people and the foreign tourists who passed by the contruction junk yards!

    P/s: Are you really sure that those residents in Kampung Buah Pala are all squatters? Please get your fact right first before you comment!

  33. #33 by OrangRojak on Thursday, 2 July 2009 - 11:53 am

    Not sure whether this is useful / interesting or not – the site on Google Maps:

    http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=penang&sll=5.345625,100.484623&sspn=0.953009,0.983276&g=penang&ie=UTF8&t=h&ll=5.375419,100.304253&spn=0.01489,0.015364&z=16&iwloc=A

    To zoom in / out roll the scroll wheel on your mouse back towards you (zoom out – like moving your eye away from the map) or roll it forward to zoom in (move your eye closer to map). Remember that the new map will be centred on your mouse pointer, so if you move your mouse while zooming, the map will move around too!

    It’s a different orientation from the artistic map at nusmetro’s site, but I’m fairly sure it’s the right place.

  34. #34 by SpeakUp on Thursday, 2 July 2009 - 11:59 am

    Onlooker … if they were not mere squatters then would the Federal Court ruled against them? Please do not say that the developer paid the FC off la, that would be a joke. So maybe I do know what I am talking about and you do not.

    As for the project’s success, you are already saying it will probably fail. You have a crystal ball? So please. Hence I said it will be the developer’s concern.

    As for the purchasers losing their moneys, that is life, you cannot change it. Even if DSAI or LKS or Nik Aziz is PM it will still be the same. Only way around it is that the developer puts a deposit to the tune of the project value in a bank, in cash as a guarantee. Has to be a trust account of course for the benefit of the purchasers until vacant possession is given. Who will do this? Who can do this?

    So think before you type. Maybe you have better suggestions rather than making mere assumptions?

  35. #35 by SpeakUp on Thursday, 2 July 2009 - 12:02 pm

    Naragan N … what you said is MOST interesting. If that is true then the trustees are in breach of the trust. Question is is what you said true and can be proved? Was it argued in the Federal Court? This is most interesting …

  36. #36 by OrangRojak on Thursday, 2 July 2009 - 12:07 pm

    OnPol, I haven’t yet finished reading around the link to the Torrens scheme and the NLC that SpeakUp posted, but the number and size of failed projects around Malaysia (and even in my immediate neighbourhood) has always intrigued me. I saw a note about ongoing obligations for landowners (‘quit rent’ was one) – is someone continuing to pay some annual fees for the land those eyesores are on, or does failure to pay result in forfeiture of ownership?

    I can see one side of the argument for the Torrens System is that it makes investors more confident – it’s no more complex than the rules of the boardgame Monopoly. On the other hand, eternal ownership carries a public risk of land being tied up in a way that is less than ideal for the nation as a whole, doesn’t it? Is land ever re-possessed by the state in Malaysia?

    It’s a question ‘in general’, not specifically related to the pkb thing.

  37. #37 by Onlooker Politics on Thursday, 2 July 2009 - 12:11 pm

    “Only way around it is that the developer puts a deposit to the tune of the project value in a bank, in cash as a guarantee. Has to be a trust account of course for the benefit of the purchasers until vacant possession is given.” (Speakup)

    Speakup,
    I as a prospective housing property buyer in Penang am in my personal opinion that the current proposed project has a very bad feng shui because a long-lingering dispute seems not able to be resolved in an all-rounding manner with the developer’s only interest in the luxury condominium but it tends to ignore the core issue in dispute which has something to do with the emotional value and memorial value of the Indian residents at Kampung Buah Pala.

    I discourage the other pontential to buy if the developer is not going to change the architectural plan by instituting some emotional symbolism or memorial symbolism of showing respect to the Indian community in Penang. So, is the developer going to sue me in court?

  38. #38 by SpeakUp on Thursday, 2 July 2009 - 12:24 pm

    Onlooker … you are entitled to your opinion of course and no one will sure you. :)

    OrangRojak … the landowner pays QUIT RENT to the government as a form of tax. Assessment is to the council as the tax too. You don’t pay then they will just seize the land , auction it off to settle the outstanding. Pay and then there are no issues.

    The NLC makes it clear, once you are registered you are lord over the land unless certain things are involved such as fraud etc. The ownership is basically in perpetuity unless its a ‘right to occupy’ (for want of a better term) in a form of a lease (a tenancy that is more than 3 years) or easements (right to pass over etc). Then you also have rights called a CHARGE, well if you use the property as security then the lender will secure his loan with your land and its called a charge. You do not pay, he gets an order for sale, an auction happens to recover the money. Bank Lelong la …

    Once the land is yours its yours, if got national interest then compulsory acquisition happens. That also got diluted, now no need to show its acquired for national interest. Interesting?

  39. #39 by KennyGan on Thursday, 2 July 2009 - 12:41 pm

    Look at Hindraf attacking LGE and PR now. Such harsh words by Waytha in MalaysianInsider. Do you notice he didn’t even attack the one who caused all the mess – Gerakan and Koh Tsu Koon?

    What this means is that Hindraf is about to go over to BN. A Hindraf political part, PAHAM will be formed on July 19. Don’t be surprised if its registration is already approved or will be approved at lightning speed.

    BN can of course do nothing for the Indian community with their race-based politics, but it can do lot’s for Waythamoorthy. Move over, Samy Vellu!

  40. #40 by SpeakUp on Thursday, 2 July 2009 - 12:46 pm

    I like this report from MalaysiaKini:

    A Penang PKR lawmaker weighed in on the Kampung Buah Pala crisis and chided Chief Minister Lim Guan Eng for his inept handling of the matter.

    Now PKR is finding an opportunity to hammer LGE for the Johari sacking? I thought it was called PAKATAN RAKYAT? What PAKATAN is this? More like PAKATAN ROJAK. No respect for someone who has done it right. Only want to gain political mileage.

  41. #41 by wesuffer on Thursday, 2 July 2009 - 1:58 pm

    i rather to see they fight each other than see BN component party is keep quiet when other did wrong.
    that why MCA AND MIC is not trusted by rakyat now

  42. #42 by dawsheng on Thursday, 2 July 2009 - 2:14 pm

    I agree that this is just the tip of the iceberg, the beginning of more controversies to come, but I have confident in Guan Eng, I simply don’t believe in Hindraf’s one sided hardline approach.

  43. #43 by SpeakUp on Thursday, 2 July 2009 - 2:33 pm

    Disagreeing is okay … but it must come to a conclusion that all agree on. This current fighting cannot be said to be ok. Its getting lame.

    Many use to say, PR is new, sure fight la, like a newly wed couple. Fight is better than in BN being dominated.

    A political party or oganisation cannot fight like this. It needs to show stability not individuality. This is unseen in the more matured countries. We have to work together not fight fight fight … there is no excuse.

  44. #44 by dawsheng on Thursday, 2 July 2009 - 3:15 pm

    Hindraf leader defends Guan Eng, asks who made Waytha boss

    Ganapathi today came to Lim’s defence.

    By Shannon Teoh

    KUALA LUMPUR, July 2 — Now it is Hindraf’s turn to deal with disagreements from within its ranks. Senior leader V.S. Ganapathi Rao came out unexpectedly to defend Penang Chief Minister Lim Guan Eng over the Kampung Buah Pala demolition issue.

    One of the symbolic “Hindraf Five” detained under the Internal Security Act after a mass rally in 2007, he questioned Hindraf’s aggressive stance against the DAP secretary-general over what some claim to be the last Indian heritage village on the island.

    Speaking to The Malaysian Insider, he said: “It appears that some people are using the Hindraf name to manipulate the issue to criticise DAP.” He was referring to calls for Lim to resign as chief minister for his failure to solve the displacement of over 30 households in the village.

    “We had agreed to end public demonstrations and when a Hindu temple was demolished in Kuala Lumpur, nobody said anything. So why are they doing this to Lim? To make Barisan Nasional happy?” he added.

    Despite other Hindraf leaders such as national co-ordinator S. Jayathas and chairman P. Waythamoorthy having strongly criticised Lim, to the point of calling him a “heartless man,” Ganapathi called for those involved not to politicise the issue but to let the chief minister do his best.

    He also questioned the authority of Waythamoorthy and Jayathas to represent Hindraf’s stand on the issue.

    “Who made Waythamoorthy chairman? There was no election. The few of us just sat down one day and decided to start Hindraf. There is no one leader in charge. But if he wants to claim to be chairman, that is his problem,” said Ganapathi.

    He also said that Jayathas was appointed co-ordinator by Waythamoorthy but without the agreement of the rest of the leaders including those in the Hindraf Five.

    Ganapathi said he was saddened that “those who had not contributed” are now claiming to be leaders and causing cracks in the organisation.

    He said Hindraf was “losing its direction” with political parties and individual agendas coming to the fore.

    “I do not see the team working together anymore,” he said.

    Ganapathi added that since the Kampung Buah Pala issue was caused by the previous administration under Barisan Nasional, Lim should now try to give the residents some alternatives and options even if the land cannot be acquired back from the developers due to the cost involved, a cost Lim claims would be more than “tens of millions of ringgit”.

  45. #45 by SpeakUp on Thursday, 2 July 2009 - 3:20 pm

    Man … now internally HINDrAF also got issues. Maybe this article is really good. Time for PR members to really take a good look at reality:

    The Malaysian Insider

    Time’s up, Pakatan Rakyat. The days of courting are over. You either decide to get married or go your separate ways. Malaysians have grown weary of the soap opera which is being played out every week (or is it every other day) by different members of the opposition alliance.

    Headlines such as “DAP pulls out of Kedah state government”, “Unity talks irk PAS partners” were once greeted with a shrug of the shoulders and accepted as necessary growing pains of a nascent political coalition trying to find its footing post-Election 2008.

    This charitable position was anchored on the belief that in time, Parti Islam SeMalaysia (PAS), Parti Keadilan Rakyat (PKR) and the Democratic Action Party (DAP) would check their egos at the door and cobble together a common platform for a better Malaysia.

    Malaysians also wanted to know if the three political parties could reach common ground on their ideological positions.

    Sadly, instead of working out the details and putting in place the architecture for a stronger, and permanent, Pakatan Rakyat, leaders from PKR, PAS and DAP have been squandering away the goodwill earned 16 months ago with petty politics and gamesmanship.

    Sadly, instead of seizing a historic opportunity to show Malaysians that Pakatan Rakyat has medium- and long-term strategies for a better Malaysia, Datuk Seri Anwar Ibrahim, Datuk Abdul Hadi Awang and Lim Kit Siang have been more focused on a Band Aid approach.

    Driving this narrow-minded thinking is the underlying belief that if push comes to shove they can always return to their support base and secure the same support from Malaysians at the next general election.

  46. #46 by Onlooker Politics on Thursday, 2 July 2009 - 6:19 pm

    “I saw a note about ongoing obligations for landowners (’quit rent’ was one) – is someone continuing to pay some annual fees for the land those eyesores are on, or does failure to pay result in forfeiture of ownership?” (OrangRojak)

    OrangRojak,
    The ‘quit rent’ in Malaysia is similar to Property Tax in many countries like Singapore or the United States. The Assessment Fee in the colloquial expression of Malaysian language is called “Door Tax”, which is a tax to be paid by the houseowners to the Town Council or City Council for garbage clearing services! Failure to pay quit rent will usually cause the land to be called back by the Land Office. As far as I know, most land offices in Negeri Sembilan will usually invoke the land call-back procedure only after a landowner has defaulted payment of quit rent for a period of 10 years.

    After a property developer has declared bankrupt, it does not necessarily mean that the quit rent will not be paid because usually the property developer would have pledged the master land title to the Banker for obtaining a bridging loan facility. The banker would usually ensure that the quit rent be paid on time when the developer’s company had been put under the receivership by the High Court.

    As for the assessment fee, no houseowner is required to pay assessment fee until a property has been certified by a Consultant Engineer and by the Architect as a fully completed property which is fit for occupation and the “certificate of fitness for occupation” has been issued by the Town Council or City Council. Therefore, assessment fee was not an issue if the developer went bankrupt before the completion of the construction work of the property.

    Why do we have so many eye-sore abandoned properties lying idle without seeing some rescue action being taken by some interested parties like the Town Council, the Land Office, the Bankers or the Property Buyers? I will invite Mr Speakup or some other lawyers like Jeffrey to tell us the answer to this question!

  47. #47 by SpeakUp on Thursday, 2 July 2009 - 7:01 pm

    Okay let me TRY. When a project is abandoned because the developer is in financial difficulty there are issues for someone who wants to take over. Why?

    Firstly, if the new developer (private company or government or council etc) can take over for FREE then easy man! Sure make money since all the ground work has been done.

    Now, let’s assume the new developer comes in and wants to take over. In reality he is faced with:

    i. the Chargee, usually the bank giving the financing, who wants to recover everything. This will be hard as there is going to be a huge outstanding interest. You think the bank will want to compromise that much? They will want OUT with ALL they can get.

    ii. the current Purchasers, these people are worried and they will not want to top up on the purchase. Why top up? Because the Chargee wants their money back and the new developer cannot take over by paying the Chargee and continuing just like that.

    iii. prospective sales of left over units, its an abandoned project, who wants to take the risk of purchasing?

    So its not easy to take over an abandoned project. However, there are some who specialise in this. There is a father and daughter team who is good at this, I forget their name. They took over an eyesore in Subang. Seems they turn things around all the time and make everyone ‘happy’.

  48. #48 by SpeakUp on Thursday, 2 July 2009 - 7:06 pm

    Oh sorry I forgot … need to pay the contractors too. If not they will be so cheesed off and may make life hard for everyone. If no need to pay them then even better.

    So does the new developer buy the old company or do they buy over the project. Buy over project then need to obtain a developer license, building approval, advertising permit etc. If buy the old company, will get sued by the contractors if you do not pay them.

    Not easy huh? :)

  49. #49 by dawsheng on Thursday, 2 July 2009 - 8:12 pm

    Why do we have so many eye-sore abandoned properties lying idle without seeing some rescue action being taken by some interested parties like the Town Council, the Land Office, the Bankers or the Property Buyers? – Onlooker Politics

    Most of these abandoned developments are dubious projects by dubious developers and if you had been in this business before you know, with our court of law, don’t go touch it.

  50. #50 by Raitman on Thursday, 2 July 2009 - 11:54 pm

    I DARE YOU REFUTE MY WRITE UP.

    Wong Mung Chee

    A HINDRAF SUPPORTER

    30.6.2009

    http://makkal.org/content/lim-guan-eng-lies-poor-and-helpless-0

    —————————————————————-

    Brush-up your English first before you ask the CM of Penang to rebut.

  51. #51 by Mist on Friday, 3 July 2009 - 1:04 am

    Wong Mun Chee’s write-up or rather irreverant bluster is more like a guy with a shotgun shooting his foot. He offered no real solution and yet exhibited a hysteria beyond any objective or rational comprehension.

    I do not know if LGE had promised a solution to the problem before the election but if he did it was very unwise of him when he did not have access to all the details of the case. Calling him a liar was certainly uncalled for. If he knew there won’t be a solution and yet promised it then he is lying but I believe that he is sincere in wanting to help. I would rather say that it is human folly than dishonesty.

    WMC listed all the relevant acts and boldly claimed that as a CM he could just acquire the land and compensation would not be in the hundreds of millions. Compensation for failed project projects would not be factored into calculating the compensation for the acquired land. And yet further down WMC argued that the compensation would be decided by independent valuers and when an agreeable sum is not reached the court can decide.

    This is when the plot thickens. Could WMC GUARANTEE that the compensation awarded by the court would not run into the hundreds of millions of public fund ? Would you hold LGE’s own political state secretary estimate of RM 30 million as the true estimate ? We do not know how he made the estimates and why LGE gave a different figure later on but we do know that no one, including you, know what will be the final value of compensation package will be.

    Not knowing this it would be highly irresponsible for the CM to commit so much of the rakyat’s fund.

    The solution must lie elsewhere and he said he had people working on it. Just be patient.

    Koh Tsu Khoon should explain himself why he had halved the price.

  52. #52 by House Victim on Friday, 3 July 2009 - 9:45 am

    1. Since there are a great number of Lawyers in HINDRAF, they should know pretty well that What LGE could promise cannot go beyond the Laws. LGE has also to consider Fairness not only to the Residents in that Kampung but aso to all Penangites. The basic point should start from if the Residents has any Rights of Claims on the matter.

    2. So far, I believe they cannot claim as land owner. Therefore, other claims are more on Humanity consideration than Rightful under the law. Or, they should be taken as Trespassers in the land. Or. at least they had been enjoying free Quit-Rent or Assessment over the years!! At best, they can only ask for Resettlement for low-cost house as mentioned above with PRIORITY to Buy and NOT even FOR FREE.

    3. The DEADLOCK of the matter is the land had been sold on an UNBELIEVABLE LOW PRICE. that DOES NOT provide any possibility of Funding to help the Residents, even the Government could think of a Generous Humanity. The Curse should go to KTK! There is NO Reason to sell the land under Market Price. Or, any value which cannot have space to handle even Resettlement problem where a People’s Government has to provide Humanity Consideration.

    4. Usually, I believe, the land should be sold as without encumbrance. Therefore, to move out the Residents amicably or by order of the Court or whatsoever should lies with the Government. What had been done so far can only show the IRRESPONSIBILE of the Previous Government and most probably mis-handling or ignorance with UNKNOWN PURPOSES.
    Most probably the “new” land owner has the Rights to claim the Government over the delays of having the land cleared.

    5. I hope LGE will try to get legal advice from his Legal Department on the mater. But, meanwhile,
    a) any complaint from the Residents should be provided with documents on their legal standing – being a landowner, or, just a Squatter.
    b) to see what are the liabilities of the Government on the matter to the “new” landowner.
    c). The validity on the sales of the land. What the land had been sold far below market price cannot be taken as a negligent but rather a Fraud. Any damage thus caused should be on account of those validating the Rules. The New Government should encourage those believe being Victims to the case to take legal action to the Government so that it will be passed onto those which had “deliberately” created such a big mess. THE GOVERNMENT should be able to take up Responsiblity BUT also at the same time to ACT O? AND PASS IT TO THOSE RESPONSIBLE.

    KNOW TO GET THE RIGHT BALL AND PASS TO THE RIGHT PERSON/PEOPLE.

    6. At least the DAP Government should take up a case against KTK on the Balance of what should be for the piece of land PLUS any damages arises from such MIS-HANDLING OR EVEN ……

    7. If Hindraf want to come into the matter, they should get the Written Authorisation from those Resident as their Representative and NOT as a Political Party. The Government should check if those Residents have the Legal Standi to act or not. At the same time, the Government should demand a list from the Developer on who had been paid or settled with the Developer. If 150,000 or 200,000 or more had been a deal, the residents should consider them Winner of TOTO and why should there be any more noise?

    8. If the Government is Firm on Point 2 above, I believe the Residents and others understand the limit of the Government and would not press further!!

    GOOD LUCK!

  53. #53 by SpeakUp on Friday, 3 July 2009 - 9:55 am

    Okay this is generalising but and will sound racist but its pretty true. Indian Lawyers … they will spin everything to kingdom come la. Sorry to say, seen it way too often. Personal experience. I used to see it happen everyday. I got some Indian lawyer friends who I can totally trust but they are only a handful.

    Dealt with Kepala Pusing’s office before, in particular Jagdeep. You cannot imagine the stories I can tell about them. Shocking things are done by them in court!

  54. #54 by SpeakUp on Friday, 3 July 2009 - 10:00 am

    Set up a PAC and investigate KSK. This man was good for Penang but in the background he has always sucked up to developers. He can lead but has no iron fist or gonads to do what is right for the rakyat first.

  55. #55 by House Victim on Friday, 3 July 2009 - 10:16 am

    WHY CONDOMINIUM?
    ———————
    1. A condo can be priced higher with more Common area and Facilities to be at the cost of the Buyers. However, they usual goes into the hands of the Developer either through Management or keeping them in the Developer’s pocket. Some runs as their own Club, or, even Hotel, or, reselling the Common Area at latter stage. Many such examples can be found in many places in Malaysia.
    a) Such as the Wangsa Baiduri Condominium Project where the Club was turned into Holiday Vila Hotel by the silent transfer of Club land to the sister of the Developer by PKNS and “stealing” of half piece of land (closed to one acre) from a High Rise. Finally, Strata Title of Apartment was issued instead of Condo.
    b) A lot of Malaysians do not aware that the ownership of those Common Facilities -Club, swimming pool, etc.. should rest with the owners and not the Developer!!
    Do Residents of Gurney Condo and the One-Stop own any Club facilities?
    c) The Club house of Mount Pleasure and the nearby open land (within the project) is said to be offered for sales. By rights they are Common Area to be owned by the Residents.
    And, many many ….

    2. By Law, the Developer has to open a Developer account with the Housing Ministry to act as some sort of deposit to the Project. But, such amount is of very small percentage. And, the Housing Ministry NEVER BOTHER TO ACT ON IT!
    The Developer are supposed to be paid according to the completion of the project and even with 15% upon completion of the project with available of Certificate of Fitness or Certificate of Completion. But, they can usually get the amount with some certificate by the Architect.
    Basically, the House Buyer are at the mercy of the Developer with the Housing Ministry and City Council eye-closed. Also with manipulation of the Land Office.

    LAWS ARE TO HELP A LOT OF PEOPLE TO CROOK AS THE ACTION OF NON-COMPLIANCE ARE WITH THE MINISTRY!!
    AND MOST OF THE LAWYERS DO NOT WANT TO TAKE UP CASE AGAINST THE Developer.

    3. A man and a Daughter in Subang – SpeakUp
    Are you referring to a Singh who had handled the Abandoned Project in USJ? A guy who had been working in the Ministry of Local Government?

    4. Any lawyer visiting this blog in the position to take case against Developer in Selangor, please give a note!!

  56. #56 by SpeakUp on Friday, 3 July 2009 - 11:57 am

    House Victim … the father & daughter team are Chinese, it was an article out in The Star a few years back, I don’t really remember which project in USJ.

    But nonetheless I can say there are many very reputable developers out there, some of which I have worked with. No nonsense people when it comes to honouring contracts, there are for sure. Hence, if you can, only buy from the reputable ones. Sorry, cannot mention names, it will be advertising! Hahahahaa …

    I have sued developers before … hahahaha … for late delivery. Its fun … usually they have no case.

  57. #57 by SpeakUp on Friday, 3 July 2009 - 12:08 pm

    Read today’s Star … High Chapparal residents threated to undermine UNESCO Heritage City status if LGE does not sort them out. And we want to sympathise with them? Hahahahaaa …

  58. #58 by k1980 on Friday, 3 July 2009 - 12:28 pm

    More publicity if the High Chapparal residents threatened to hijack AirAsia planes and slam them into Komtar

  59. #59 by SpeakUp on Friday, 3 July 2009 - 12:31 pm

    K1980 … that one cannot la … they dare not die! Hahahahahahahaa …

  60. #60 by Onlooker Politics on Friday, 3 July 2009 - 2:01 pm

    “House Victim Says:
    Today at 10: 16.49 (3 hours ago)
    WHY CONDOMINIUM?”

    House Victim definitely has gotten some good points in his/her comment about the disadvantages of buying the luxury condominium unit with some common facilities such as the swimming pool and car park lots.

    I found that sometimes buying a condominium unit could just be stepping into the trap of a big hoax. The developer can promise you now that the monthly maintenance fees for the common facilities may be less than RM150 per month. However, the developer can later on keep 50% of the condominium units and use them as the premises for discount leisure rental scheme in a leisure club membership plan. With this leisure club membership plan, the developer can sell a leisure holiday plan membership to the public and promise free accommodation to the club members for one or two weeks in the luxury condominium each year. With such a controlling ownership interest in the condominium, the developer can later control also the Management Corporation, which is to be set up after the expiry of the property maintenance warranty period as promised by the developer in order for the developer to continue overseeing the maintenance management of the condominium. Later on, the developer can ask the condominium unit owners to pay for a tremendous increment in the monthly maintenance fee. Then the condominium unit owner will be slowly slaughtered by the developer who is now disguised as the chairman cum committee members of the Management Corporation.

    I don’t like to buy a condominium with common facilities like swimming pool and car park lots in Malaysia. It involved with high risk of being abused by the dishonest developer.

  61. #61 by SpeakUp on Friday, 3 July 2009 - 4:03 pm

    I like condos because easier la … safer but the risk is high. Issues raised by OnLooker is based on the management company. That is scary.

    Anyways, according to the Strata Titles Act the residents committee has to take over management, if that does not happen then please we cannot blame the developer for whatever that needs to be paid. Developers reason to exist is to profit, so you know la. Residents need to take over and make sure it runs well and that the rest are not overcharged.

    I live in a simple condo and the service is amazing. Pool always clean. No crazy people screaming. No music till 2 am. Its pleasant and peaceful. I am lucky I have to admit.

  62. #62 by House Victim on Saturday, 4 July 2009 - 3:28 am

    Onlooker Politics & SpeakUp – Thanks for the Input!

    The Main problem is ALL those involved in the Monitoring of the Housing or Strata Title Acts closed their eyes or even Abetting the violations. The Court and Lawyers also act with Abuse!

    Membership income for the Holiday Villa Club from Outsiders was Millions. The Condo were sold after the Land of the Club was transfer to sister company of the Developer. Therefore, it was a case of Fraudulent for Developer to sell the Highrise as Condo when they do not even own the Club and the Land.

    Living in Malaysia is really gambling!!

  63. #63 by SpeakUp on Saturday, 4 July 2009 - 9:35 am

    House Victim … the issue is not gambling, its called a lack of honour and business etiquette. In short those rogue developers just don’t give a ****.

    p/s court and lawyer not involved here la, they are not the police … hehehehehee

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