Businessman can’t sell his land as it is already “sold”

A LAND owner has found out that the plot of land in Ulu Yam, Selangor, he was going to sell had been already “sold” to another party.

Konwa Industrial Sewing Machine executive chairman Lim Chin Hua said he was informed by the potential buyer’s lawyer that the 0.8ha land under the company’s name had been transferred to another indidudual last year and there was also a caveat by another individual.

Lim bought the land for RM350,000 in 1999.

“The buyer had already paid a deposit of 2% when he found out about the land and is accusing me of trying to cheat him,” he said.

Lim has lodged a police report on the matter.

Public Complaints Bureau chief Datuk Theng Book said all documents provided by the Selangor land office pertaining to the land transfer had been forged.

“The land title has always been in Lim’s possession and the lawyer who supposedly handled the transfer has confirmed that he had no knowledge of it.

“During the transfer, the land office had evaluated the land at RM2mil and the individual is believed to have paid a stamp duty of RM68,000.

“The individual may be an innocent victim of a land syndicate. If so, he needs to come forward, lodge a police report and explain how he acquired the property and work with Lim to solve this case,” Theng said.

He said there were many ways to forge land documents.

“One only needs the particulars of the land owner and file a police report and submit it to the land office for a new land title in six months.

“Then, victims like Lim have to spend about RM100,000 to bring the case to court to get his land back.

“Therefore, I would like to alert the Selangor government to tighten the existing system at the land office and put a stop to fraudulent transfer of land,” he said.

16/5/2012 BY THESTAR NEWSPAPER

SOURCE: THESTAR

18/4/2012

GEORGE TOWN: Three house owners in Kampung Boundary 5, Air Itam, have been granted a stay of execution on a court order to vacate their homes which have been slated for demolition.

High Court Judicial Commissioner Chew Soo Ho allowed the application by Lim Kim Siew and two others for a stay on the order obtained by developer Bersatu Stabil Sdn Bhd.

The houses are safe from demolition until the trio’s appeal against the summary judgment for vacant possession of the houses is heard at the Court of Appeal.

The developer had obtained the summary judgment from a High Court on Dec 15 last year.

The three then appealed the decision and the court on Feb 28 dismissed their appeal.

On April 4, the developer then obtained a court order to evict them.

Yesterday was the deadline for the order to be executed, and the three have been given a reprieve in the form of the stay of execution.

The residents were represented by counsel Hardeep Singh Jessy and Harcharan Singh.

Kampung Boundary 5 on 1.6ha of land had 44 houses. Some 30 house owners have since accepted compensation from the developer and moved out, while the rest want to stay there.

Dear Bersatu Stabil S/B,

Are you not afraid of God? Did God comes second after profit? It is shocked how cruel and mean you are telling us squatters and grab our land illegally for the sake of your own benefit to earn huge profit. If one of  us is your parents, brother or sister, relatives or even your son or daughter was living here, would you call them squatters and create lies so they will be kick out from their land. Would you? If you have done that before, may God punished you severely. We are not squatters neither we are begging to you to refund us, but we are telling you again and again “you has rob us with our rights in our land or put it another way round, you attempting to rob us of our rights in our land”. This land we has purchased from the Vendors more than 45 years ago and with Deed of Sale and Purchase. Then your proxy Semangat Cermai S/B came in to the picture to buy it again from the Vendor. The Vendor is none other than is director of your company. Then Semangat Cermai sold the land quitely to you Bersatu Stabil. You then asked the caveats of Penduduk Kampung Boundry 5 to be removed without any noticifation to the Penduduk. Then now you suing us for staying illegally in your so-called “land”. You are intruder in the land of residing Penduduk Kampung Boundry 5. Paying them compensation and if they do not want to move out, suing them, threatening the Penduduk Kampung Boundry that you will never compensate them if they dont agree with you. Who are you actually to do this to us? Greater then Government of Malaysia or God? If you claimed our documents; deed of sale and purchased is invalid and no use, then land agencies, lawyers and government at that time also invalid because they (the land office) has signed and approved the sale and commissioner of oath has stamped and chop on the sale and purchase deeds. Are these agencies also invalid in your eyes ?

Image

We want the Rakyat, the Government of Federal and State to judge them of what kind  of shameless game they are playing towards us, Punduduk Kampung Boundry 5. We want the people to know that when a innocent land is grabbed illegally or with dirty tactics, the innocents will be displace and will suffer severely. This is our land and home and we has plenty of memories and sentiments values in this land of ours. How would you feel when your sentiment values are robbed? This is what happen to us. I will tell to Penduduk Kampung Boundry 5 this quotes from Mother Theresa “Be faithful in small things because it is in them that your strength lies” 

Save Our Kampung

Dear all,

The President of Kampung Boundry 5 Association, Santok Singh was rushed to Gleneagles Hospital in Penang for suspected heart attack today at 11am. We wish him to get well soon and May God always bless him.

FREE MALAYSIA TODAY

17/4/2012

The judge concurs that there are “special circumstances” in the case.

ImageGEORGE TOWN: The High Court today stayed the execution of an eviction order issued to three residents of Kampung Boundary Lima.

Judge Chew Soo Ho said he concurred with counsel for the villagers that the case featured “special circumstances”.

Santok Singh, president of an association formed by the villagers, and two others filed an application yesterday against an April 4 Sessions Court order requiring them to give vacant possession of their homes to Bersatu Stabil Sdn Bhd by today. Other villagers were expected to receive the order later.

Harcharan Singh and Hardeep Singh Jessy, counsel for the three, argued that the High Court must grant a stay order because an appeal was pending at the Court of Appeal. They argued that the stay was necessary to prevent any miscarriage of justice should the appellate court’s decision favour the villagers.

Bersatu Stabil obtained a summary judgment at the Sessions Court last Dec 15 to claim rights and vacant possession on the 16-acre land. The villagers filed an appeal with the High Court and, after it ruled against them, took their case to the Court of Appeal.

They have also filed a separate suit with the High Court, seeking restoration of their land rights and claiming that there were attempts to take away their land through fraud.

The village, sandwiched between Jalan Boundary and Jalan Air Putih, is part of Chief Minister Lim Guan Eng’s state constituency of Air Putih.

The villagers are calling on Lim to intervene and stop their eviction.

In 2000, the owner of the land sold it to Cermai Semangat Sdn Bhd, which in 2006 transferred the title to its proxy Bersatu Stabil. There were then 46 households in the village. Thirty-three of the families have since taken compensation and left. One occupant cannot be identified or located. There are now 12 families fighting eviction.

THESTAR
17.4.2012

GEORGE TOWN: A High Court here has granted a stay of execution for Kampung Boundary 5 residents who had applied against an eviction order.

Judge Chew Soo Ho granted the stay of execution Tuesday for the residents of three houses that were set to be demolished by the developer.

The residents were represented by counsel Hardeep Singh Jessy and Harcharan Singh.

Hardeep said the houses were safe from demolition until the residents’ appeal against the summary judgment for vacant possession obtained by the developer was heard at the Court of Appeal.

It was reported that the developers had obtained a court order to evict the residents and which was scheduled to be executed by Wednesday.

The Kampung Boundary 5 Residents’ Association is currently embroiled in a civil suit with a property developer over the ownership of the 1.6ha village land.

On Feb 15, a High Court in Penang dismissed an application by two land agencies to strike out a suit filed by the villagers claiming that the ownership of their land was unlawfully transferred.

The residents had claimed that the land, which had been physically divided into 46 separate plots, was initially rented out to them in the 1960s, until the respective plots were separately sold to them at different times.

Dear Chief Minister,

We residents of Kampung Boundry 5, would appeal to you to intervene in our land cheating case. This is not a created issue but in reality we the residents has been cheated in day broad light by the group of individuals claiming to be “landowners” (developer). We believed in you to help us and come stern and hard to this cheaters (developer) so that in future there will be strong precedent that “no one is above the law and no one can cheat innocent of their right.” You are our hope and we respect your slogan ” Kerajaan Negeri Pulau Pinang Berjiwa Rakyat” and please enforced it in reality so that we and other innocent villages in Penang are protected. Yes we has on-going court case, and plenty of cash has been flocked out to hire lawyers but how long can we afford so much cash, dear YB. We pledge your support in this matter urgently. We as residents has no intention making this political issue but making our surrounding aware of what kind of nightmare we are going thru daily and you is our hope to this solution. We has many evident which we has reported that the developer is cheating us of our rights, grabbing the land with the use of powerful cash money, highly paid expert lawyers and even lied to the court that they are innocent bona fide landowners instead documents showed clearly they original landowners are the director in the developer company. We appeal again to you YB Lim Guan Eng to uphold justice for us and teach this errant developer a lesson to remember. We appeal to you YB :

1) Not to enforce the eviction notice issued by the Bailiff of the Court on the 4th of April 2012.
2) Not to initiate any more distracting legal actions in this matter with the   intention of   further taxing the finances of the poor occupants and having   them lose their financial stamina
3) To restore our rights to our land clearly  in subdivided lots as in the original  sale.

Why we believe the State Government has an obligation to resolve this matter in a just manner. The developer is only responding to its companies agenda to reap huge profit from development at any cost and this unfair agenda is behind the  overall push that is reaching up to the 12 families.

1)  The State Government has a moral obligation to see every citizen of the  State prosper, not just to see the developer community prosper  – for if this  matter is to continue in its current trajectory, the people pushed out   will not be able to avail of the expensive homes in Penang  and get pushed   out to the periphery while the developer walks away with super profits.

2) The State Government is led by YAB Lim Guan Eng who grew up on the shouts of social justice in his DAP Socialist Youth days and if there are social   injustice issues to be addressed there could not be a better place to do it than  from within his own constituency.

3) Article 8 of the Federal Constitution says :

8. (1) All persons are equal before the law and entitled to the  equal protection of the law.

4) Give us Fair compensation and not unreasonable amount. We are living in heart of Ayer Itam and the land value at this zone is expensive but the developer is giving us much cheaper value than what is in reality. WE RESIDENTS ARE NOT BEGGARS, we demand a compensation of a house or reasonable compensation on each square foot we owned. Example a build up area of 4000sf is paid by developer RM108,000.00 that is RM27 per square feet. Is this reasonable?? Current market value of this area can fetch up to RM180 per square feet. Ask the developer be reasonable and the developer also must know that we residents has moral and family sentiments attached to us as this land was purchased by our ancestors.

The State Government should advice the Developer to let the High Court case be heard out and accept whatever the outcome of the case or accept the fact of ownership by these 12 families and settle with them in a just manner and in both options without resorting to coercion or deceit or any more distracting actions.

We hope YB Lim Guan Eng and other parties including Federal Government and Government agencies will come forward to help us. Help us genuinely please.

Source: http://anilnetto.com/economy/development-issues/didps-face-bleak-future/#more-35926

DIDPs? Take note of this term: ‘development-induced displaced persons’ – you will be hearing more and more about such communities across the country including in Penang.

It is actually a global phenomenon, affecting mostly developing countries trying to move up the “development” path – which raises a key question: development for whom? The average person or those with Big Capital?

According to Wikipedia:

Development-induced displacement is the forcing of communities and individuals out of their homes, often also their homelands, for the purposes of economic development. It is a subset of forced migration. It has been historically associated with the construction of dams for hydroelectric power and irrigation purposes but also appears due to many other activities, such as mining and the creation of military installations, airports, industrial plants, weapon testing grounds, railways, road developments, urbanization, conservation projects, forestry, etc. Development-induced displacement is a social problem affecting multiple levels of human organization, from tribal and village communities to well-developed urban areas.

Development-induced displacement or the forced migration in the name of development is affecting more and more people as countries move from developing to developed nations. The people that face such migration are often helpless, suppressed by the power and laws of nations.

The lack of rehabilitation policies for migrants means that they are often compensated only monetarily – without proper mechanisms for addressing their grievances or political support to improve their livelihoods.

Displaced people often internalise a sense of helplessness and powerlessness because of their encounter with the powerful external world, although there are also several examples of active resistance movements against development-induced displacement.

In Penang, at least five communities are facing the nightmarish prospect of displacement:

  • Air Itam’s Kg Boundary 5 (comprising 23 houses);
  • Batu Feringghi’s Kg Catteir (1000 houses);
  • Jelutong’s Estate Syarifah Aloya (72 houses),
  • Tanjung Tokong’s Kg Mount Erskine (31 houses) and
  • Tanjung Bungah’s Kg India (145 houses).

On Sunday, Kampung Boundary 5 residents are holding a protest against a developer’s attempt to evict them from Lot 1272 Mukim 16 Sek 2, Geran no. 32296 Daerah Timur Laut Bandar Ayer Itam, Pulau Pinang. The developer wants to build three-storey bungalows.

The residents claim that 46 separate plots on the land were initially rented out to them since the 1960s until 36 of the plots were sold to them.

The residents now claim the landowners sold the land to a developer in 2006 without their knowledge.

The developer apparently took action to remove 10 non-landowners (who owned their houses but not the land), leaving behind the 36 other plots.

A new developer then emerged claiming that it owned the entire land, including the 36 remaining plots.

In 2009, the new developer served the residents a notice to quit.

The residents allege their caveats on the land were mysteriously removed without their knowledge.

In 2010, 13 villagers (one has since dropped out) filed a claim seeking a declaration that they are the genuine purchasers in the 4-acre land of Kampung Boundary 5. [Just 12 residents are left of the 36 plot owners, after the developer compensated 24 plot owners.]

In their suit, the residents listed the two developer firms and five others (the previous landowners) as defendants. The residents allege that both these firms are related and that the transfer of ownership between them was a sham.

The two firms, for their part, applied to strike out the residents’ suit on grounds that the plaintiffs did not have locus standi – which the court disagreed. The High Court in February 2012 dismissed the two firms’ application and ordered the firms to pay costs of RM7000 to each of the plaintiffs.

Meanwhile, the developer obtained an eviction order from a lower court and the bailiff is coming on Tuesday, 17 April.

For their part, the residents applied on Friday for a stay order pending the disposal of their High Court case, and they will know the outcome of their application on Monday.

The developer has increased the compensation amount progressively, but residents claim it is still much lower than market value.

From Kampung Boundry 5, Thanks to you for highlighting this issue in your web. Thanks a lot.

 

We the Kampung Boundry 5 (KB 5) residents would like to thanks for your support to coming foward in helping us to reveal the injustice in our land grab issue. We hope many will come forward to help us and assist us to uphold the justice for the residents of Kampung Boundry 5.

The YouTube media release is at:

Below is the joint press statement released by Hindraf Makkal Sakthi:

JOINT PRESS STATEMENT OF PERSATUAN PENDUDUK KAMPUNG BOUNDARY LIMA AND HINDRAF MAKKAL SAKTHI .

15TH APRIL 2012

 

The Sessions court has issued an eviction order against the President of the KAMPUNG BOUNDARY LIMA Residents Association and two others to give vacant possession of their rightfully owned homes to the Developer Bersatu Stabil Sdn Bhd. They are required to vacate their homes by the 17th of April 2012. This is happening even as a suit by the affected families of the Kampung against the Developer and several other involved parties is pending in the High Court claiming fraudulent actions to steal the land from them.

This episode is working out to be a potential travesty of justice as the 12 poor families who have paid for and own the land are on the verge of being robbed of their rightful ownership of their land by fraud, by the way justice is dispensed in our country, and by the seeming paralysis on the part of the government to act to equalize for them.

The protest that we just had was to focus attention on this act of land grabbing by the developer Bersatu Stabil Sdn Bhd. Co registration no:783555-u, of registered address 14,Jalan 6/36, Bukit Bintang,Kepong, 52100, W.P KL or Kompleks Sri Wonder, 88-02-49,Lintang Sungai Pinang,10150 Penang, of land belonging to the 12 owners listed below.

The developer has a court order for eviction now and is therefore authorized by the Law to evict the original owners. The option left for the 12 families now is for the State Government to step in to motivate the developer:

1) Not to enforce the eviction notice issued by the Bailiff of the Court on the 4th of April 2012.
2) Not to initiate any more distracting legal actions in this matter with the   intention of further taxing the finances of the poor occupants
and having   them lose their financial stamina
3) To restore our rights to our land clearly  in subdivided lots as in the original  sale.

Why we believe the State Government has an obligation to resolve this matter in a just manner. The developer is only responding to its companies agenda to reap huge profit from development at any cost and this unfair agenda is behind the  overall push that is reaching up to the 12 families.

1)  The State Government has a moral obligation to see every citizen of the  State prosper, not just to see the developer community prosper  – for if this  matter is to continue in its current trajectory, the people pushed out   will not be able to avail of the expensive homes in Penang  and get pushed   out to the periphery while the developer walks away with super profits.

2) The State Government is led by YAB Lim Guan Eng who grew up on the shouts of social justice in his DAP Socialist Youth days and if there are social   injustice issues to be addressed there could not be a better place to do it than  from within his own constituency.

3) Article 8 of the Federal Constitution says :

8. (1) All persons are equal before the law and entitled to the  equal protection of the law.

But this is expressly not true when the developer has huge financial   resources to appoint expensive lawyers to mislead courts in so many ways  while these poor villagers struggle to even meet their most basic legal expenses. A Government based on the values of social justice must step in to  equalize.

Therefore Hindraf and the Residents Association urge the State Government to step in immediately to right this matter. The State Government should advice the Developer to let the High Court case be heard out and accept whatever the outcome of the case or accept the fact of ownership by these 12 families and settle with them in a just manner and in both options without resorting to coercion or deceit or any more distracting actions.

In the meantime the Residents Association, Persatuan Penduduk Kg Boundary Lima would like assistance from justice minded Malaysians in the form of financial assistance for them to meet the legal expenses of the case in the High Courts. Well wishers may bank in their contributions to the following account:
Name of Account Holder: PERSATUAN PENDUDUK KAMPUNG BOUNDARY 5
Bank: CIMB AIR ITAM PENANG
Account number: 0735-0013089-52-0

They can also contact Santok Singh, the President of the Residents Association for further information on his h/phone # 012 4922 822.

Thank You

Santok Singh
PERSATUAN PENDUDUK KG BOUNDARY LIMA
Air itam,Penang

N.Ganesan
Hindraf Makkal Sakthi

Source: http://www.hindraf.org/news-statements/462-joint-press-statement-of-persatuan-penduduk-kampung-boundary-lima-and-hindraf-makkal-sakthi-15th-april-2012.htmlImage

Rayu diberi pampasan rumah

Rayu diberi pampasan rumah

Oleh: SYAJARATULHUDA MOHAMAD ROSLI
Tarikh: April 16, 2012

PADANG TEMBAK – Kira-kira 30 keluarga merayu terus diberi peluang menduduki tanah yang didiami sejak 50 tahun lalu walaupun kediaman mereka bakal dirobohkan esok (Selasa).

Presiden Persatuan Penduduk Kampung Boundary 5, Santok Singh berkata, mereka menerima surat arahan dari Mahkamah Sesyen Georgetown 4 April lalu yang mengarahkan tanah itu dikosongkan pada 17 April.

 Beliau berkata, tanah seluas 1.6 hektar itu akan dibangunkan dengan projek perumahan oleh swasta dan menyebabkan penduduk kampung yang semuanya beragama Sikh buntu mengenang nasib yang bakal menimpa mereka.

 “Kebanyakannya menetap di sini lebih 52 tahun dan kami tidak mahu berganjak kerana tidak ditawarkan sebarang pampasan. Ini berlainan dengan 24 keluarga yang sudah meninggalkan kampung ini kerana diberi pampasan wang tunai.

 “Pemaju cuba mengelirukan penduduk dengan memberi pampasan dalam nilai yang berbeza iaitu dari RM70,000 hingga RM150,000. Kami sahaja yang tidak menerima pampasan dari pemaju manakala 24 keluarga itu menerimanya tiga tahun lalu,” katanya kepada media semalam.

Menurutnya, mereka bukan anti pembangunan sebaliknya menuntut keadilan supaya diberi pampasan setimpal iaitu sebuah rumah bagi setipa keluarga yang berada di atas tanah itu.

 “Kami tidak mahu wang sebaliknya rumah ganti memandangkan harga rumah di negeri ini terlalu mahal dan tidak setimpal dengan wang yang diberi pemaju. Ini yang membuatkan kami menolak tawaran itu,” katanya.

 Ditanya mengenai bantuan yang dihulurkan Ketua Menteri, Lim Guan Eng untuk membela nasib mereka, Santokh berkata mereka sudah menghubunginya untuk memaklumkan masalah itu memandangkan kampung itu berada dalam Dewan Undangan Negeri (Dun) Air Putih yang diwakili Guan Eng.

“Saya ada berjumpa dengan Ahli Parlimen Bukit Gelugor, Karpal Singh dan menghubungi Guan Eng semalam (Sabtu) bagi menyuarakan masalah dialami. Karpal beri jaminan bahawa operasi perobohan tidak akan berlaku. Tetapi itu hanya perbualan tanpa ada dokumen hitam putih.

 “Kerajaan Negeri harus memainkan peranan membela nasib rakyat yang tertindas. Kami hanya mahukan hak kami dan berharap Guan Eng selaku orang paling berkuasa di negeri ini dapat membantu menyelesaikan masalah ini,” katanya.

 Sementara itu, Penasihat Kebangsaan Hindraf Makkal Sakthi, N Ganesan berkata, mereka mahu pihak bertanggungjawab seperti Kerajaan Pusat dan Kerajaan Negeri memandang serius masalah berkenaan.

 Beliau berkata, jika masalah itu berlarutan, mereka akan berjuang seperti yang dilakukan di Kampung Buah Pala.

 Sebelum itu, kira-kira 50 penduduk Kampung Boundry 5 berhimpun di hadapan kampung mereka bagi meluahkan rasa kesal dan mempesoalkan tiada bantuan kerajaan untuk membela mereka.

 Perhimpunan aman itu dijalankan hampir sejam bermula pada pukul 9.15 pagi dengan masing-masing membawa sepanduk yang antaranya bertulis “Kami mahu hak kami, tolong kami”, “Jangan rampas tanah dan hak kita”, “Jangan menipu rakyat miskin” dan “Kami mahu keadilan”.

May 2024
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