Friday - D-Day for High Chaparral - Malaysiakini

As the nation gears up for the Merdeka celebrations on Aug 31, the 300 residents of Kampung Buah Pala in Penang are waiting with bated breath on news about their future.

Come Aug 21, this Friday, the Federal Court will decide on whether to allow or dismiss the application by a senior resident M Ayamah to ask for leave to refer whether the Court of Appeal was right in its decision made on May 11 this year on the question of locus standi of the villagers.

In the application filed through her lawyer Darshan Singh Khaira, Ayamah, 74, has also sought a stay of execution of the bailiff's order to demolish the nearly 200-year-old Indian traditional village, popularly known as High Chaparral, located in Bukit Gelugor.

The application was filed on July 31 and came up for case management hearing on Tuesday before Federal Court senior assistant registrar Surita Budin in Kuala Lumpur.

Represented by Darshan's daughter, Damina Khaira, Ayamah named the state land office, land owner Koperasi Pegawai Pegawai Kanan Kerajaan Pulau Pinang and developer Nusmetro Venture (P) Sdn Bhd as respondents.

Although the respondents' legal counsels have asked for a hearing date in October, Surita fixed the date this Friday, citing it as an 'urgent case'.

Kampung Buah Pala residents have twice, on Aug 4 and 13, resisted vigorously and blocked the developer's attempt to demolish the remaining 24 village houses.

Aug 31 deadline

On Aug 13, the developer had given the residents a final chance to move out from their village by Aug 31.

The villagers now face eviction in the next 12 days to pave the way for a RM150 million high rise condominium project called the Oasis.

Ayamah also filed a separate application on behalf of the villagers yesterday seeking the Court of Appeal to revise its own decision on the question of locus standi of the villagers.

No date has been fixed for the hearing.

In its May decision, the appellate court decided that the villagers have no locus standi and were not entitled for any compensation.

Darshan said in the application, his client has pointed out that the appellate court's decision contradicted many landmark decisions made by the Federal Court, the country's apex court, on the status of long living occupiers or residents of a land.

He said Federal Court decisions have always maintained that long living occupiers or residents are entitled to compensation and to have equity satisfied if vacated.

Meanwhile, Hindu Rights Action Force (Hindraf) leader P Waythamoorthy expressed hope that the apex court would establish the truth.

The lawyer said Hindraf hoped that the judiciary would open the door for the beleaguered residents to have a full trial in an open court on the perceived botched village land transactions.

An open full trial, he said, would allow the residents to seek justice by providing documented evidence to substantiate their claims of rightful ownership of the land.