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 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.
#2 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!
#3 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!
#4 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.
#5 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!!
#6 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.
#7 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 …
#8 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
#9 by SpeakUp on Friday, 3 July 2009 - 12:31 pm
K1980 … that one cannot la … they dare not die! Hahahahahahahaa …
#10 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.
#11 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.
#12 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!!
#13 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