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Kg Buah Pala: Villagers' demands too much

I refer to the Malaysiakini report Hindraf vs Lim: War of words continue .

I do not have time to write a long and lengthy legal opinion but suffice to say I think the Penang chief minister is right. The issue is basically very simple:

1. The residents there were initially squatters. They stayed on the land for free for many years. After staying on the land for years, they became the legally licenced occupiers under a TOL - ie, they are no longer squatters but occupiers with consent from the land-owner (in this case the Land Office);

2. Now the land-owner can always revoke that licence eg by selling the land. How much they sell the land for is, of course, the landowner's business;

3.Once the land-owner sells the land, they will inform the occupiers that the consent has been revoked and they have to move out (don't forget that these people have stayed on this land for free for years - they had it good man, while the rest of us have to buy our own land);

4. Many land-owners out of goodwill will give ‘compensation’ which is not a ‘right’ the occupiers have because Malaysian land law do not grant occupiers ‘equity’ where squatters can claim the land is theirs (like in the UK).

The ‘compensation’ is given as a ‘goodwill’ only. So occupiers with licence, if smart, should just take the ‘compensation’ and move out (again, don't forget they never paid anything for the land for many years);

5. Those who refuse to move out are often being given wrong legal advice. They think they have a right to the land which they don't;

6. The Federal Court decision is right. If the licence to occupy the land has been revoked, then the residents should move out. If they did not take the ‘compensation’ then they have been very silly;

7. The previous state government had the right to sell the land if they are the land-owners. How much they sell it for is their problem and they are answerable to the people of Penang for making a lousy deal with the buyer;

8. For the residents to demand that the present state government buy back the land for them (just for these few occupiers, now illegal occupiers) so that they can continue to stay on the land for free or cheaply is really too much.

Reminds me of the greedy. They had it good for many year, and what they are doing now is basically keep asking for more. Think of how much money they have saved all these years by not having to pay anything for the land they are occupying;

9. The problem with many Malaysian squatters is that they think the land-owners owe them a living. Every time they are asked to evict, they start to demand for their ‘right’ to the land;

10. Do not confuse these squatters with the Perak land title cases because there the people lost their land in the first place to the government (ie, their own land was confiscated and then they were given new villages to stay).

These Kg Buah Pala people did not own the land in the first place - they were just staying there for free for donkey’s years;

11. Do you think they now have the right to ask the state government to buy back the land for them? If I were the CM, I, too, would not do such a thing. Do they deserve it in the first place?


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