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Sunday 7 June 2009

Penang's traditional Indian village under threat - Malaysiakini

Some 300 Indian Malaysians living in Kampung Buah Pala in Bukit Gelugor, a quiet Tamil settlement located in heart of rapidly developing eastern part of Georgetown, face eviction this Thursday following an appellate court order last month.
MCPX

The affected residents have called on Chief Minister Lim Guan Eng to stop the developer from demolishing their homes.

"Since he claims that his administration is a people's government, the chief minister should now prove his words," said a resident, C Tharmaraj, who also the state PKR Youth treasurer.

high chapparal village 060609 villageAs the village is only five minutes’ drive from the Penang Bridge and 10 minutes from both Bayan Lepas Free Industrial Zone and Komtar, the 2.6ha plot it occupied is considered prime land.

That status has become a curse to the village in recent years. Developers have long coveted the area for high-rise development.

The settlement originally came under a housing trust gazetted under the Housing Trust Act 1950 and residents paid temporary occupation licence (TOL) rents to the Land Office from the days of British colonial adminstration to 2005.

In 2005, the Land Office refused to accept their TOL payments to pave way for land alienation to the state government.

Villagers: Prime land sold below market price

The land was subsequently sold for RM3.21 million to the Koperasi Pegawai Kanan Kerajaan Pulau Pinang and this led to a lucrative development project undertaken by Umno-linked Nusmetro Ventures (P) Sdn Bhd.

According to the villagers, the sale price - estimated at RM11.33 per sq ft - was far below market value.

The land title was subsequently transferred to the cooperative on March 27, 2008, soon after Pakatan Rakyat coalition stormed to power in Penang at last year's general election.

high chapparal village 060609 posterDisgruntled residents took the issue to the High Court seeking legal redress to their plight and obtained a favourable court ruling last October.

However, the Court of Appeal backed the cooperative following an appeal.

The appellate court also ruled that the landowner and developer need not pay any compensation to the affected villagers.

It ordered all residents to move out by June 11 from the land, which they have occupied for more than a century.

The village residents association has since appealed to the Federal Court to overturn the Court of Appeal's decision.

However, although demolition work cannot be legally carried out pending their appeal, fear has gripped the villagers that they could be forced to evict their homes next week.

They are urging the state government to intervene to stop 33 houses involving 50 families from being demolished.

Kampung Buah Pala Action Committee chairman M Sugumaran, 52, blamed the previous state government under Dr Koh Tsu Koon for their plight.

Much to chargin of the villagers and despite numerous appeals and mass protests, Nusmetro is converting the land to a mix-development township involving four blocks of medium and low-medium cost apartments of 740 units and eight units of shoplots.

The cooperative will earn a whopping RM12 million from the project.

British gave land to villagers’ forefathers

The villagers, led by Sugumaran, have written to the authorities to stop the development and preserve the village as a traditional Tamil Hindu settlement, which local historians claim had existed for more than 150 years.

According to Sugumaran, the original owner of the once coconut plantation area, David Brown, had given the land to the villagers' forefathers nearly 200 years ago.

Shortly after the British left, the state government took over the village in the capacity of ‘trustee’ and began collecting annual TOL rents.

In 1999, the villagers requested the federal government to gazette the area as a traditional Tamil Hindu settlement in accordance to its policies to preserve traditional villages as symbol of national pride.

However, the villagers’ attempt proved futile.

The villagers are now preparing themselves to stop the possible demolition by the developer on Thursday.

high chapparal village 060609 draviam arul pillay"We will prepare ourselves to face the developer. Do or die, we will fight to keep our traditional village," vowed Tharmaraj.

Senior resident, Draviam Arul Pillay (left), 84, said that Pakatan leaders had promised the villagers that they would preserve Kampung Buah Pala as a traditional Tamil Hindu village.

"They vowed to defend our rights and interests," said the senior citizen.

‘Village should be preserved’

Kampung Buah Pala, popularly known as ‘Tamil High Chaparral’ to Penangites due to its traditional population of cowherds, has many features of a model Tamil Hindu settlement.

At a dialogue session with the villagers this afternoon, Jarigan Rakyat Tertindas (Jerit) Penang coordinator Muammar Kris Khaira called on the state government to act in protecting the villagers.

high chapparal village 060609 magdeline ngPenang Heritage Trusts manager Magdeline Ng (left) said a tourist would mistake Kampung Buah Pala for a village in India if one were to witness religious festivities celebrated so passionately and joyously by the villagers.

"The festive mood and colourful atmosphere of this area is hardly visible in other areas of the island. The state government should preserve this traditional natural heritage in Georgetown," she told Malaysiakini, referring to the city's world heritage status.

M Nyanasegaran, who represented PKR state chief Zahrain Mohd Hashim, said the state government can stop the development if it is found that the land transfer was not done properly.

"The state government should investigate and find out whether there were some shoddy deals made,” he said.

"If the probe can proved this, the state government should intervene to stop the project and review the land transfer deal."

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