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Monday, 16 April 2012

High Court to decide on stay application

Kampung Boundary Lima residents’ application for a stay of execution against an eviction order from their own properties will be known tomorrow

GEORGE TOWN: The High Court will decide tomorrow on Kampung Boundary Lima residents’ application for a stay of execution against an eviction order from their own properties.

Judge Chew Soo Ho is scheduled to announce his decision at 9am.

The village residents’ association president Santok Singh and two others, who are facing the eviction order tomorrow, filed the application for stay order this morning through their lawyers Harcharan Singh and Hardeep Singh Jessy.

Harcharan explained that the application for stay was filed on the grounds that there was a pending appeal at the Court of Appeal against the summary judgment for vacant possession obtained by Bersatu Stabil Sdn Bhd.

“We are applying for stay pending the appeal,” said Harcharan.

Bersatu Stabil, which is claiming rights over the 16-acre village land, obtained the summary judgment at the Sessions Court last Dec 15.

Following the High Court’s dismissal of their appeal against the summary judgment, the villagers have filed an appeal at the Court of Appeal.

Under the eviction order issued on April 4, Santok and two others have to give vacant possession of their properties to Bersatu Stabil on April 17.

The villagers have also filed a separate High Court suit to restore their land rights, claiming fraudulent action to steal their land.

The case is up for hearing next month.

Sandwiched between Jalan Boundary and Jalan Air Putih, the village comes under Chief Minister Lim Guan Eng’s state constituency of Air Putih.

Naturally, the villagers are calling on the chief minister’s good office (CMO) to directly intervene and stop the eviction.

Meanwhile, the state government-initiated meeting between villagers and developer at the CMO in Komtar this morning to reach an amicable solution has not been conclusive.

Komtar assemblyman and Lim’s political secretary Ng Wei Aik said that Bersatu Stabil representative could not decide on whether to put the eviction order on hold.

“The rep said she needed to talk to her bosses first tomorrow,” said Ng, who chaired the meeting.

Besides Ng and Bersatu Stabil representative, seven villagers, led by Santok, and an officer from Penang island municipality (MPPP) attended the one-hour meeting.

Yesterday the affected families held a peaceful demonstration at their village against what they called a “potential travesty of justice and fraudulent action to steal their rightful landed properties.”

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