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Sunday, 14 June 2009

'Kg Buah Pala issue can end with a stroke of a pen' - Malaysiakini

The Kampung Buah Pala village impasse in Bukit Gelugor, Penang can easily end with a mere stroke of a pen by Chief Minister Lim Guan Eng, said Hindraf leader P Uthayakumar.
MCPX

p uthayakumarHe said the Pakatan Rakyat state government could secure and preserve the state’s only Indian cultural heritage village by acquiring its land from the current owner on the grounds of public purpose and interests.

Uthayakumar stressed that Lim has an absolute power to do so under Section 76 of the National Land Code 1965 read together with the Land Acquisition Act.

He ticked off Lim for failing to do it despite holding the state powers for the past 14 months.

“Even the prime minister and the federal cabinet have no power over the land acquisition,” he said.

Uthayakumar warned Lim that Hindraf would hold him solely accountable if he were to let slip the opportunity and allow the developer to evict the villagers and usurp their traditional village.

He said Lim can acquire the land for the villagers and compensate the land owner, Koperasi Pegawai Kerajaan Pulau Pinang, and developer, Umno-linked Nusmetro Ventures (P) Sdn Bhd, with money or an alternate development site.

“Whichever way, he should preserve and conserve this Indian traditional village,” he said during a visit to Kampung Buah Pala yesterday.

He warned Lim that he would face the wrath of Hindraf if he failed to exercise his power and shattered the villagers’ hopes.

Villagers to submit petition to chief minister

“We will hold him personally responsible for the disappearance of the only Tamil Hindu living cultural site in the state,” said Uthayakumar.

“All Chief Minister Lim has to do now is sign an order to acquire the land for the villagers, notwithstanding whether a legal proceeding was pending in court or not.

“With just a stroke of a pen, he can easily secure and preserve the one and only Tamil Hindu cultural heritage in Penang,” Uthayakumar, a lawyer, told the villagers

He suggested the state government to secure a RM50 million federal grant to beautify and upgrade the village’s traditional features.

Quiet Tamil Hindu village, Kampung Buah Pala, sits on a 2.6ha prime land in the heart of the rapidly developing eastern part of George Town.

The current 300 villagers and their ancestors, mostly of Tamil origins, have been living in the village for nearly 200 years.

Uthayakumar called on the villagers to submit to Lim a petition next week seeking him to acquire the land according to NLC.

The village residents association together with several civil societies will submit the petition to Lim next week.

Meanwhile, the villagers have appealed to the Federal Court for a stay of execution and leave to overturn the Court of Appeal decision on May 11.

In the decision, the appellate court overturned an earlier High Court decision in Oct last year, which favoured the villagers, and issued an eviction order effective June 11 on the villagers.

The case is up for case management hearing at the apex court in Kuala Lumpur on Tuesday.

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