The Hindu Rights Action Force (Hindraf) has expressed concern that the Penang government’s decision to revoke the approval for a luxury condominium project in Kampung Buah Pala would not resolve the villagers’ predicament.

Speaking at a press conference in Georgetown, Hindraf advisor N Ganesan said the revocation would only stop the project from proceeding but it does not guarantee the return of the village land to the residents.

“What the DAP government should do is to exercise its powers under Section 76 of the National Land Code and Section 3 of the Land Acquisition Act to acquire the land and return it to its rightful owners – the villagers,” he said.

The press statement read out by Ganesan was jointly issued by all Hindraf coordinators nationwide.

Kampung Buah Pala is also known as ‘Tamil High Chaparral’ due to its population of cowherds, cattles, goats, other livestocks and lively Tamil cultural features.

lim guan eng meet kg buah pala residents 220709 pc after meeting Some 300 residents of the village face an eviction order effective Aug 3 to pave way for the Oasis condominium project to be undertaken by Nusmetro Venture (P) Sdn Bhd.

The current Pakatan Rakyat government officially transferred ownership of the controversial plot of land on March 27, 2008 to the current owner Koperasi Pegawai Pegawai Kanan Kerajaan Pulau Pinang.

Last night, after a meeting with the embattled villagers, Chief Minister Lim Guan Eng told journalists that the state government had revoked the development order for the Oasis condominium project effective immediately.

Hindraf: Too little, too late

Ganesan questioned why Lim left it so late to revoke the project when his government had all the documents related to the land alienation and the Oasis project since taking power last year.

penang kampung buah pala condominium project macc report 090609 05 “The chief minister alleged that the land deals were tainted with fraudulence. But the state government did not lodge a report against it until Hindraf had done so,” he said.

The leader of outlawed Hindraf also demanded to know why the state government authorised the transfer of the land to the cooperative society when the villagers’ legal representative Cecil Rajendra had advised the state government to revoke the land alienation on grounds of fraud.

He said Hindraf could not comprehend how the state government had come up with the RM150 million figure to acquire the land for the villagers when the laws clearly stipulated the land value shall be reasonable and assessed by a land administrator.

According to Ganesan, Hindraf had campaigned for Pakatan in the last general elections to initiate a change in government policies to uplift the marginalised Indian Malaysian community.

However, he said that does not mean Hindraf was a “political slave” to the Pakatan coalition.

MIC Youth: Show us the minutes

Meanwhile, MIC Youth today reiterated its offer to pay RM3.2 million to the Penang government if the land could be returned to the villagers.

NONE Youth chief T Mohan ( in orange T-shirt ) said he was bewildered by the state government’s reluctance in taking action to halt the deal when the provisions of the National Land Code was not adhered to by the cooperative which bought the land.

“The Pakatan government had accepted payment of RM2.2 million as the balance of the premium on March 14, 2008 - six days after taking office and the land title was issued to the cooperative and the developer on March 27, 2008,” he said.

“Under Section 81 (2) of the National Land Code, the premium has to be paid within three months of the approval and failure to do so, renders the approval null and void.

“It is a known fact that the former chief minister Koh Tsu Koon had approved the project on April 24, 2007 and the premium of RM2.24 million was only paid on March 14, 2008 - 11 months later.”

Mohan also demanded the Penang government to reveal the minutes of the state executive council meetings on the Kampung Buah Pala issue after it took over power last year.

“This would reveal whether the Pakatan government under Chief Minister Lim Guan Eng had the interests of the Indians, especially the residents of Kg Buah Pala, at heart or not.”

CM: Don't blame us, its BN's mistake

Chief Minister Lim had previously explained that his state government's hands were tied as a result of a Federal Court ruling on the matter.

The Federal Court had ruled that the land belonged to the Penang Government Officers Cooperative and developer Nusmetro Ventures (P) Sdn Bhd and that the villagers had to vacate it.

Lim had also said that it would be too costly for his government to acquire the land from the cooperative and the developer.

"What can the state government do? Like the Kampung Buah Pala villagers, the state government is also a victim in the case because it was not us who started the issue. Therefore, do not blame the state government," he said.

He had also declassified files relating to the land sale and pointed fingers at the previous Barisan Nasional government of robbing "the residents of their land without consulting them".

"The chronology of events prove beyond a shadow of doubt that Koh Tsu Koon and his Umno, MCA, MIC and Gerakan cohorts had robbed Kampung Buah Pala residents of their land without consulting them," Lim said in a July 9 statement.

"So far Koh Tsu Koon has not explained why he approved this project without consulting the residents or selling it to Koperasi at such a low price," he added.

"Why is this aggression targeted against the Pakatan government that is trying to help them? In contrast, not a single demonstration or action is taken against the BN land robbers who deprived them of their rights," he said.

He also said that "a group of opportunists" who were not aware of the full picture had worsened the situation.

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