Posted in INDIA

60-year-old woman dies after stress from demolition bulldozers

The funeral of Madam Kalyani.

Kalyani1

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Kalyani2

Kalyani4

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In the background of the photos, you can see the Bukit Rajah estate houses in Klang.

Madam Kalyani was a third generation plantation worker and her son was a former employee of the Sime Darby group. They were being evicted from their home in which many of the former estate workers have lived in for between 30 and 40 years.

Sime Darby Property Berhad sent in their bulldozers on 10 Sept 2013 after earlier attempts at cutting the water and electricity supply.

Madam Kalyani fainted during the standoff and was sent to Klang General Hospital.

Two other elderly women, Sellamah 64 years old and Maruthaiyee, 65 had also fainted.

Madam Kalyani passed away the next day on 11 Sept 2013 after being admitted to the ICU.

Kalyani

Others affected by the eviction order are: Segar a/l Arumugam, Marathai a/p Ransen, Mathealagan a/l Poongavan, Karunithe a/l Muthe, Lalitha d/o Palayan, Ganeson a/l Ealumalai, Muniandy a/l Murugan, Pandian a/l Raman, Subramaniam a/l Alumalai, Sathaie a/l Karupannan, Sukumaran a/l Ramasamy, Saminathan a/l Muthusamy, Agilandum Maniickam, Govindama Masilamany, Veeran Muniandy, Maruthai Karuppan, Sivakami a/l Ramasamy, Kamchee Arujunan, Suppamah Munisamy, Rajaletchumi a/p Ratnam, Muniandy a/l Krishnan, Rethinavel a/l Kuppan, Sukumaran a/l Sithiraj, Minache a/p Nadeson, Batumalai Marutha, Rajendra a/l Palayan, Ammakkannu Nadasan, Muniamah Kathan, Nallamah Kandan, Mahalingam s/o Avayoo, Anjalai a/p Muniandy, Moorthy s/o Muniandy, Veeran a/l Murgain, M. Murugan, Letchumy Poosary, Thayamah a/p Arumugam, Devadas a/p Govindasamy, Karuppan s/o Sinnathambi, Raman a/l Nadeson, Manila a/p Manickam, Pedari a/p Malayandi, Valiammal a/p Muniandy, Indarani a/p Muniandy, Sivanathan a/l Beeman, Nathan a/l Manickam, Angammah a/p Perumal, Mani a/l Massilamani, Harikreishnan a/l Perumal, Arumugam a/l Ratnam, Anjalai a/p Letchumanan, Thanapalan a/l Malayandi, Arumugasamy a/l Palanisamy, Kasiamah a/p Munusamy, Sallamah a/p Ramasamy, M. Marimuthu, A. Subramaniam, M. Govindasamy, Y. Nadarajah, E. Varatharajoo, R. Raja Sitaram, A. Karunan, L. Gnanasegaran, A. Paramasivam, V. Arumugam, M. Veerasingam, K. Rajandaran, E. Raja Gopal, R.V. Kaliappan, Mat Som Samurmin, M. Subramaniam, T. Muniamah, D. Krishnan, M. Priyasamy, K. Susilla, A. Rajamanickam
.

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Angkara MCA, kian BN kehilangan undi orang India

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51 thoughts on “60-year-old woman dies after stress from demolition bulldozers

    1. Rina,

      wrt to the Sime Darby desperate damage control,

      (1) Sime Darby Property’s media statement on ‘Relocation of Bukit Rajah Former Plantation Workers’ that you quoted is spinning it that she died “from a long-term illness”.

      Hullo the Sime Darby bulldozers rolled in on Sept 10, she collapsed from the trauma and was admitted into ICU the same day and was dead within 24 years hours. The property developer wants to disassociate itself from being the catalyst of her death?

      (2) Sime Darby Property says it “is completing” construction of terrace houses for 75 former workers of the old Bukit Rajah estate and that the development of these homes is to fulfill the terms of an agreement made between the company and the NUPW in 2008.

      As far as I’m aware, the workers were only paid an ex-gratia of RM7,000. Also as far as I’m aware, the offer made through the “agreement” is not in black and white. Let me check and I’ll update shortly.

      (3) Sime Darby said: “The remaining 24 workers have been encouraged to accept the company’s offer as the old estate houses they are occupying are no longer fit for occupation…”

      So now we can see with our own eyes (in the photos) the state of the estate quarters. Okay, granted that today the houses are not “fit for occupation” according to Sime Darby but 5 years ago when the workers were still in the employ of the company, the condition of those houses couldn’t have been much better. So it’s not like rubber tappers have such a good life even if housing and school are provided.

      (4) re: “The protest was peaceful and at no time was there any violence or aggressive action taken by the protesters or representatives of the company.”

      Aside from Madam Kalyani who died, tow other elderly Indian ladies fainted (the names cited above in my posting).

      As to the lack of “any violence or aggressive action … taken by representatives of the company”, the tenants affected have signed affidavits filed with lawyers saying that they were intimidated by gangsters coercing them to move out.

      (5) re: “The company ensured that the correct and appropriate procedures were at all times observed as can be verified by a court bailiff and members of the police force who were present on the day.”

      Giving Sime Darby the benefit of the doubt regarding their conduct on Sept 10, there is still the allegation of “fraud” against the company contained in the lawsuit filed by the workers (name list above).

      (6) re: “Sime Darby Property is committed to managing this situation in a reasonable and amicable manner, while taking into account the interest of the community at large.”

      This issue has been slugged out in public a number of years. No, Sime Darby has NOT been reasonable.

      In fact, I would encourage the MIC to vigorously take up – not just in the Tamil press alone but in the national media – the issue of the fraud allegation and the purported “disappearance” (lost in transit) of a part of the allocated land (brokered by Samy Vellu) and to reveal what MIC know about the complicity of the present Pakatan state government in the matter.

    2. Setuju dgn rina. There is always 2 sides to a story. If u need to report anything please do so without being biased. Tks

      1. I have to go out for a lunch appointment. I’ll get back to you in the afternoon after I’ve had time to look at the allegations made by the Bukit Rajah former estate workers in their lawsuit.

        By the same token, readers should not just swallow Sime Darby’s story like how the company tries to disassociate itself from Madam Kalyani’s death attributing it to her “long-term illness” when it is clear that she was admitted to ICU after the bulldozers rolled in Bukit Rajah and she died within 24 hours of the event.

        Plus I hope that readers of this blog will education yourself on how media works and how the big media companies (especially the very profitable ones who get a lot of ads and corporate sponsorship) are in collusion with Big Money (the capitalists).

        In The J-Star, the big advertisers are given positive write-up and lots of space.

        There are also complaints that the Jerusubang paper skews its coverage to side with its most lucrative sources of ad revenue such as AirAsia.

  1. I am so sorry for her family. It is heartbreaking to see this happening to an old lady. My grandparents were really reluctant to leave their home to live with us.. what more if your home for many years is demolished.

  2. Good morning Helen. Happy Malaysia day. I know this may be off topic but I would like to call on people’s attention on this issue.

    48. khairil | September 15, 2013 at 10:45 am

    RE. Umngok goons have displayed towards the Hindus and their religion recently. And the follow-up comments from the Umngok ministers.

    Then came 56. AC-DC | September 15, 2013 at 7:11 pm

    RE In fact the term UMNgok was invented by pro Opposition Malays in response to the mudslinging from Barisan Nasional. Google it and find out. It cannot be hard to do. ;-)

    Over at Stop The Lies this Sila G showed up at 1.51am on Sept 16 2013 with the comment

    RE . Yep, they are all fired up to skim off even more money into their own pockets while depriving those who need it most.

    NEP same old, same old.

    40 years and still getting cheated by Umngok.

    Congrats.

    Man I tell you, are they the same people ? I thought, maybe after GE13 they will change their strategy but as the saying goes, why fix it if it ain’t broken ?

    1. Stop the Lies is a Scissorati blog that is resourced by the MCA which flip-flops like lalang, ostensibly anti-DAP but at the same time operating like The J-Star.

      1. have to be careful of such entities.

        nampak baik depan tapi dalam hati ada lain macam
        muka banyak topeng untuk satu tujuan

  3. BTW Helen, KBP 2 is in the making. The Dear Leader is chasing away poor Indians again at Batu Kawan so he can build golf courses and theme park! Notice how quiet how MSM and alternative media on this issue…

    1. The J-Star is the DAP’S BFF. Bad news that will cast a negative light on the oppo is deliberately buried.

      FMT is a better source of Indian news.

    2. Thanks for the info. Now I m waiting for the Dear Leader’s hack squad to do his dirty work if and when Indians accuse him of discriminating the Indian community.

      As always, his hack squad will label Indians who oppose him of being racists. Still remember vividly the last time around with KBP1.

      I don’t for a minute think the mainstream and the alternative media will stay quiet for long. with so much to milk they will jump into action the moment they have the expose if you know what I mean.

      1. re: “As always, his hack squad will label Indians who oppose him of being racists.”

        Don’t forget the DAP operatives’ other favourite SOP of accusing all critics of the Dear Leader as being “Umno agents”, esp. if the critics are Malay (Tunku Aziz) or mamak (SM Mohd Idris of the Consumers Association of Penang).

        1. It is kind of amusing that after accusing Uthaya kumar of being an uber racist and even refusing to meet him before the GE, now the Dear Leader wants to visit him in jail. How pathetic…

  4. ak, i reply here, yes talk/write something u know n i stop ‘stalking’ u. go visit the boh estate at c highland own by the colonial master n see how the workers live, it is not a fantastic environment but at least i could call it a home, this is the same scene i saw when i am young at most estate along rawang, batang berjuntai to k.selangor, where r they now? do yall mean the colonial master still have the heart while great master like u that strategise to grab sime d. only look at the estate Indian from far far away n did nothing? n moreover blame the increase crime rate on the ‘demolish’ of isa n eo? stop yr bull la old man!

  5. As a landlord who has had to kick out tenants, I sympathize with Sime Darby.

    Some people take advantage. They use their poverty to elicit pity.

    1. Your tenants sewa rumah. I get your situation.

      However in the Sime Darby case, the tenants are generational employees in an industry which gave very lucrative returns to the company but isolated the workers in a remote location and insular conditions.

      Your tenants would not have worked for you nor provided you heaps of profits from their lowly paid labour.

      1. Terkejut juga, mula2 ingatkn mereka ni semua kena tendang keluar rumah sehelai sepinggang. Isshh apa la you ni Helen!

        Rupa2nya dah bagi tu nak ini, bagi ini nak itu kalau boleh nak semua… Hai, tu baru kerja dalam estet, belum lagi kat pelantar minyak tengah laut… jenuh satu lautan jadi rebutan!

        1. Mengikut affidavit yang difailkan di mahkamah,

          Dalam tahun 2005, 110 keluarga telah menerima tawaran rumah kos rendah tetapi 75 keluarga lain TIDAK menerima tawaran tersebut.

          Dalam tahun 2008, Samy Vellu menolong menyelesaikan masalah dengan memberi tanah sebanyak 15 ekar tapi sesampai pentadbiran Pakatan, tanah itu boleh tinggal 8 ekar sahaja.

          Para penduduk tapak estet tersebut juga mendakwa bahawa kerja membina rumah yang sepatutnya menjadi ganti bagi mereka sudah tergendala dan kemudiannya terbiar (projek terbengkalai).

          Cuba Rina Google kes “Bukit Rajah” ini terlebih dahulu.

      2. its a capitalist world Helen….

        I worked.. why do the manufacturing workers (majority Malays and Indians,) who work their ass overtime for a mere rm20 for four hours (thank you stupid low wage) after their official shif at 5pm get little pro-rated bonus while the senior management (almost all Chinese) and accountants (all chinese) who sit in office, go home at 5pm, change car every CNY get more bonus…

        its not just the Indian workers who face this injustice of misapprorpiation of corporate profits.

        Regardless. its still shameful that SD had to kick out helpless people. In any system, there are losers and winners.

    2. There’s a big difference between tenants who merely pay you rent and sign a lease for several years, versus people who have lived and worked on your property all their lives to make you prosper from the rubber crop.

      Habis madu, sepah dibuang.

  6. Main news today. Chin Peng is dead. Ironically, it’s Malaysia Day. Quite a conundrum for the PR people.

    I have just this to add to your articles on malaysian indians over the last few days. The PM with the Indian reps should sit down and try to seriously face this issue. We cannot afford one race living prosperously, a divided bumiputra group and another minority group that is sidelined. Now that Najib has drawn the framework for a new DEB, he should get the Indian reps to start working.

    And as a reminder to all that racism is truly a by-product of freedom of expression, go read some of thecomments on the win of an Indian American the title of Ms America.

    1. But the main point is, an Indian American still won the contest.

      An Indian American named Nitin Noria is the Dean of the Harvard Business School. Try electing an Indian Malaysian to run Universiti Malaya, and see the hysteria from the ultra conservative groups.

      1. Malaysia never had problems having Chinese or Indian bosses leading companies their abilities to lead are admired by the Malays, but if Malay become boss… BIG QUESTION..MISSION IMPOSSIBLE.

        In Europe, despite meritocracy, the mat salleh actively suppress the advance of non-European, yours truly uncle in Switzerland face that, even the German Swiss discriminate againts the Italian Swiss (language difference).. its human nature to stereotype on differences to assign inferiority to others,,

        in Malaysian DAP physics.. its only hardwired in Malays.. the only Malays worthy of being one of them is late khunsa Yasmin Ahmad and Hishamuddin Rais.

  7. HY. You will be doing something meaningful if you just stop bellyaching. You are 2 generations out of sync. I saw what you saw and conceptualised the take-over Sime Darby in 1972. And eventually the Bumis tookover Guthrie, Boustead, H & C etc at market prices after 1976. I delivered Sime Darby in 1976, the golden horse, to the owner and jockey. I am not responsible for Sime Darby going bankrupt in 1996 and 2010. In 1982, I suggested Sime Darby grab all the port facilities for palm oil in China. They did not. Now all these are owned by the Malaysian Chinese,

    1. ak, i dun expect u to do anything meaningful, i just hope u could respond to a point with something that is actually responsive, i know the ‘govt’ took over the british asset/biz, my question is did they take care of the estata worker better or worst compare to the colonial master?

      n what is yr view of those hypocrite that blame the indian poverty on the caste system while excusing their own with fantastic reason like colonial master, the capitalist, the chinese, the whatever under the sky? or u pretend like what u did now as if nothing had happened for 2 generations?

  8. HOw can a GLC do this to the Indians?
    Before election, BN promised the Indians goodies and welfare assistance.
    Why is BN behaving like Pakatan’s Dear leader?

  9. While we sympathise with the deceased, we have also to be fair with Sime Darby.

    Wondering why hundreds of former estate employees accepted Sime’s compensation packages years ago. Yet the few remaining employees refused to do so?

    1. Manggis,

      The 75 families were initially NOT offered.

      You can Google to read about the saga. FMT would be a good source to start with.

      Tapi jangan haraplah the capitalist J-Star to carry much on it. That MCA tauke-owned paper has the coziest you-scratch-my-back-I-scratch-yours relationship with Big Business.

      1. Why would Sime Darby offered them those houses, Helen? It is a standard practice in any enterprise that provide accomodation to their employee that once an employee retire or resigned, they should leave. Just becoz SD made millions, its no justification to make demand. For this would start a precedence for others to follow.
        The saga of BRE employees started in early 90s. There were rumour about impending development. Rightfully, the Union started negotiating for compensation. But the development was delayed till most of the workers retired. If they retired, they should move. From SD pov, they deserve only retirement benefits which they should only receive once they vacated their quarters. But they didn’t. Negotiation reach stalemate.

        Now the problem swell.

        1. Re. Why would Sime Darby offered them those houses, Helen?

          Organizations worldwide are moving towards a sustainable development practice (Corporate Social Responsibility) that not only focus on profit motive but also the social well being of the community. Thus whether Sime Darby likes it or not, they have to take into account all the affected stakeholders around them. You can read about sustainable report of Sime Darby here.

          http://www.simedarby.com/Sustainability_Report.aspx

          1. Roger and Me (Documentary)

          https://www.youtube.com/movie/roger-me

          2. Erin Brockovich (Based on true story)

          3. The Constant Gardner (fiction)

          Are some examples of how corporate greed has affected the livelihood of the community.

          You should watch this movies and try understand why is it important for organisation to behave responsibly.

    1. And yet the Melayus had said nothing about the non Melayu representing the country. But still the American Dream is highly regarded by inferiority complex Malaysians.

      ‘She’s Arab!’ LOL [YouTube]

      And mind you she speaks perfect American English though. Imagine LKS speaks the way he does and win the American Presidency? Fat Chance?

  10. suggest you check the facts first and not take sides on this issue. I am a human rights lawyer, part of a NGO and has been into this Bukit Rajah workers since the last three years. Wish to clarify that the eligible workers has been duly compensated by Sime Darby under an agreement signed with NUPW representing the workers way back in 1998. Part of the workers accepted the developers offer of a low cost flat at a subsidized price of RM 35K and resettled themselves happily. However, a small part of them did not accept this and demanded for a terrace house each. It was then when we came on board and successfully managed to pressure Sime Darby to settle the issue amicably. Each family were then offered a single-storey house each at a rock bottom & heavily subsidized price of RM 70k and mind you, the houses when completed next year, are worth anytime around RM 200k – 220K (clean profit of min RM 130K). Besides, they are also offered a rental of RM 700 per month until their new ‘bungalows’ are completed next year. Why now the workers are claiming to be cheated when the deal they are getting is simply irresistible and nowhere to be matched by any plantation employer in Malaysia., We got to listen to the other side of the story and not to be misguided by the hues and cries perpetrated by parties who want to see the workers to continue suffering, all for the hidden agendas of HINDRAF and others (politicians) seeking cheap publicity.. Lets be fair to Sime Darby. Instead of lauding them for their good deeds, they are now subjected to all the brunt.

    Guess you have not done enough research on this issue as you have plainly misreported the list of names affected by the eviction. Let me tell you that most of them in your list have had some sense and were not been able to be bought over by the perpetrators. They vacated the estate some time ago and is now enjoying their comfortable life outside with the rental of RM 700 per month being paid by Sime Darby till today until their new house are completed in 2014 ( as reported in The Star).

    With the intervention of the,many politicians and NGO’s in recent times on this issue, not only the remaining workers are being duped to believe that they have been cheated by Sime Darby, they are also being used as collateral for their political struggle and survival. Me and my NGO have since distanced our self from this issue but nevertheless, believe that the truth be told.

    Let you make your own judgement on this.

    1. re: “suggest you check the facts first and not take sides on this issue.”

      Since you’re here, let’s counter check the facts with you, shall we?

      re: “Wish to clarify that the eligible workers has been duly compensated by Sime Darby under an agreement signed with NUPW representing the workers way back in 1998.”

      Way back in 1998 is 15 years ago. That’s mighty long for the issue to have dragged on. What has Sime Darby been doing or not been doing?

      And would you have any idea about the claimed discrepancy about the Samy Vellu-brokered land grant of 15 acres which shrunk to 8 acres. How come you don’t mention this in your comment since you claim to have intimate knowledge of the issue?

      re: “Each family were then offered a single-storey house each at a rock bottom & heavily subsidized price of RM 70k and mind you, the houses when completed next year, are worth anytime around RM 200k – 220K (clean profit of min RM 130K).”

      re: “Besides, they are also offered a rental of RM 700 per month until their new ‘bungalows’ are completed next year.”

      “Bungalows”, eh? — Why the sarcasm about houses bought at the cost RM70k? Sounds like the same sarcasm thrown at the Kg Buah Pala villagers over their compensation.

      re: “the hues and cries perpetrated by parties who want to see the workers to continue suffering, all for the hidden agendas of HINDRAF and others (politicians) seeking cheap publicity..”

      The politicians seeking publicity are from the PKR. You said the issue has been outstanding since 1998. Now you blame Hindraf’s alleged “hidden agenda” “to see the workers continue suffering”. FYI: Hindraf only rose to prominence after 2007. So what had Sime Darby been doing on this since 1998?

      re: “Guess you have not done enough research on this issue as you have plainly misreported the list of names affected by the eviction.”

      In what way have I “misreported” the name list? I said others affected by the eviction order are [name list]. There are 75 names in my list. This tallies with Sime Darby’s own statement on 12 Sept 2013 that 75 workers were offered subsidized housing by the company. I did not say all 75 of them were still there. I’m aware that there are 24-25 families remaining.

      The names in my list are real people. You’ve put your name as TomTom. So what is the name of your purported NGO — DomDom?

      re: “Let me tell you that most of them in your list have had some sense and were not been able to be bought over by the perpetrators.”

      And who might the perpetrators be and what are you saying that they’re being “bought over” for? I was under the impression that the only buying going on is the S&P for the RM70k terrace houses?

      Would you care to elaborate on your statement or on the missing 7 acres of land lost in transit?

      re: “They vacated the estate some time ago and is now enjoying their comfortable life outside with the rental of RM 700 per month being paid by Sime Darby till today until their new house are completed in 2014 (as reported in The Star).”

      Former estate workers enjoying a “comfortable life” on RM700 rent money? More sarcasm … pray tell us, which NGO are you purportedly from again?

      re: “With the intervention of the many politicians and NGO’s in recent times on this issue, not only the remaining workers are being duped to believe that they have been cheated by Sime Darby, they are also being used as collateral for their political struggle and survival.”

      Agree with you about the intervention of many politicians in the Indian issues particularly the ones from PKR like the non-Tamil speaking and likely non-Hindu Sivarasa Rasiah in the Bukit Bintang temple demolition issue.

      As to who’s been cheated by whom, again I’d like to know more about the alleged missing 8 acres of land. You got any info? I should imagine the politicians – keeping in mind the ones in power in Selangor belong to Pakatan – are indeed desperate to keep things under wraps for “their political struggle and survival”, as you say.

    2. “Wish to clarify that the eligible workers has been duly compensated by Sime Darby under an agreement signed with NUPW representing the workers way back in 1998. ”

      The keyword here is ‘eligible’.

      Me think those who are not compensated are not ‘eligible’? Or are they eligible but want more. A case of ‘beri betis nak peha’.

      Bear in mind that in estates workers quarters, up to 3 generations living in a very cramp space. All of them think they are ‘eligible’. To make matters worse, there are ‘squatters’ living in an estate quarters and probably they also claiming compensation as well?

      Just add in politicians and lawyers and HINDRAF.

  11. Helen,

    So what is fair then as compensation? How to make Sime Darby a baik hati corporation?

    100 acres each family and RM1 million?

    Malays should demand more if their land is grabbed. Kg Buah Pala got double storey, Bukit Raja got single storey. Malays should demand triple storey next time. My dad’s land was taken too for government project and all he got is RM30k. Unfortunately, no Malay Right Action Force (MARAF) is around to agitate the situation. Ibrahim Ali only knows how to whack DAP.

    Even Kg Baru issue also ultra Malays not making much sound. Right at the heart of KL. I dont see Perkasa or any ultra Malay NGO making demands. Correct me if I am wrong.

    Malays need MARAF to demand a building each for every family for Kpg Baru in KL. This is KL and if Kg Buah Pala can get double storey house. (and that is not enough for Indians), what more to say Kg Baru which worth many times over.

    1. Methinks Kg Baru landowners will collect a windfall like the Felda millionaires recently. Its prime land they’re sitting on.

      1. I’ll keep my finger crossed. Hopefully, what you said will happen.

        So answer my question, what is fair then as compensation to the Indians? Which will satisfy 100% of the families.

        Kg Buah Pala, LGE dont want to spend few hundred million to cancel the project, dont want to risk going to jail again for defying court order, get the developer to give a petty double storey house and RM90k? (dont remember exactly). So 9 families rejected.

        So LGE is bad. Sungguh jahat Guan Eng itu.

        This Bukit Rajah case, got single storey and 8 acres of land (suppose to be 15), and we have 24 families rejecting.

        So Sime Darby a heartless lot.

        Fine, so what is the fair deal then that can satisfy 100% of the affected families? Tell us then.

        1. re: “Kg Buah Pala, LGE dont want to spend few hundred million to cancel the project”

          Oh come on lah, don’t buta-buta peddle the Dapster narrative.

          Below I cut & paste excerpts from an explanatory comment by one of my readers originally @ Oktober 29, 2011 at 9:46am at this posting https://helenang.wordpress.com/2011/10/24/kg-buah-pala-pagar-makan-padi/

          (with minor editing done by me)

          The actual transfer of the land occurred on March 28, 2009, three weeks after the DAP-led Pakatan come into power on March 8.

          According to to Section 340(2) of the National Land Code that clearly spells out

          The title or interest of any such person or body shall not be indefeasible
          (a) in any case of fraud or misrepresentation to which the person or body, or any agent of the person or body, was a party or privy; or
          (b) where registration was obtained by forgery, or by means of an insufficient or void instrument; or
          (c) where the title or interest was unlawfully acquired by the person or body in the purported exercise of any power or authority conferred by any written law.

          the newly installed Lim Guan Eng administration, using the power that the state government possesses, could have easily cancelled the Kg Buah Pala deal on the basis that a fraudulent transaction had earlier taken place.

          Furthermore, under section 81 & 82 of National Land Code 1965, there is a time limit whereby the premium needs to paid, normally within three (3) months otherwise the state government has the authority to invalidate the transaction.

          In this case, YB Koh Tsu Koon’s approval was on 25 April 2007, and the Cooperative (which bought over the Kg Buah Pala land) paid the balance of the premium only on the 14 March 2008 to the Pakatan Government led by YB Lim Guan Eng.

          Note that GE12 took place on March 8 and the payment was made on March 14, i.e. rough;y a week AFTER Guan Eng came to power and don’t ever forget that Kg Buah Pala was developed by a construction company Wabina belonging to a new BFF-DAP crony.

          null

          Then on 23 May 2009, the PR state exco decided to claim for the balance of 50% of the premium which the Cooperative agreed to settle if the terms of the land title were honoured. Therefore, they know that there is a possibility that it would not be honoured and the legal implication if you drag them to court on the fraudulent transaction.

          Then in the MalaysianKini report on July 30, 2009, Lawyer and Petaling Jaya city councilor, Derek Fernandez, said the state government can take back the land, based on a caveat in the 99-year lease document issued by the land registrar.

          He says “It is issued with restriction ‘tanah yang diberi milik ini tidak boleh dipindah milik, cagar, pajak, pajakan kecil atau sebarang bentuk urusniaga (the land cannot be transferred, mortgaged, pawned, sub-let or used as a business instrument).”

          This restriction reduces the Cooperative to an end-user as it can build houses for its Cooperative members only. But we know that the development (condos, shophouses and houses) on the Kg Buah Pala land was sold to members of the public and the developer reaped BILLIONS OF RINGGIT in profit — this is admitted by Karpal Singh himself, “Lamenting that the developer would be making billions of ringgit out of this project, Karpal said no developer should be allowed to make that much out of the people.”

          see, http://alternativenewsarchive.blogspot.com/2011/10/wikileaks-abdullah-calls-for-snap.html#3

          Going by law, the Cooperative could not have entered into a joint venture to develop the land or sell units to third party.

          According to the lawyer Derek Fernandez, “Therefore the state government can stop the demolition by issuing an acquisition notice under the Land Acquisition Act”.

          No efforts were made by DAP Penang to challenge the fraudulent land transfer aside from laying the blame at the door of the past Gerakan-led state government.

  12. Want to know more about the ‘missing’ 8 acres land as you have been told. I have got a latest piece of news for you. Searched extensively and found out that the 8 acres was never “brokered ” by Samyvellu for Sime Darby !!! Cause, based on land title, the plot has and always been part of Sime Darby’s land from the plantation era.

    Do a land title search and you will find out if there was ever a land grab and who was the original owner of the land. Samyvellu or anyone don’t have the right to broker for Sime Darby’s own piece of land. !. Do I have a right to impose on you that you share your 8 acres of land with your employee. So, look at the gist of the offer, a house for each eligible family and not talk about the land offer as claimed . The estate workers do deserve fair treatment but they should realize and accept the fact the they have got an irresistible deal. for your info, Many NGO’s including us wasted much of our time on this issue due to all these misleading info & accusations by the estate workers against NGO’s, PR and Sime darby. It is a case of ” beri betis nak peha” as aptly said by another reader.

    1. re: “Searched extensively and found out that the 8 acres was never “brokered” by Samyvellu for Sime Darby !!!”

      Thanks for doing the extensive search. I’ll get back to you as to whether any further info I may unearth tallies with what you’ve said.

      I do however admit a handicap in my inability to read Tamil. If I could, I’ll probably have more details. Like you’ve said, a whole platoon of Indian politicians have already waded into the issue which has been longstanding since 1998.

    2. Okay, granted, like you say it was Sime Darby land — all 15 acres of it.

      But it was also 15 acres promised to the 185 workers under the original MoU for them to build their compensation homes, to build the replacement temple, community hall, playground, etc.

      Then 110 workers (out of the 185) were coerced into accepting the lower compensation of flats and have moved out while the remaining 75 workers dug in their heels and after the legal battles, obtained a promise of their terrace houses.

      Storyline correct so far?

      c.f.

      “The housing estate for the 76 houses and temple and the hall only required about half of the 15 acre piece of Sime Darby land to be used. It is for Sime Darby as the land owner to decide how to use the balance.” — Press statement by Subang MP Sivarasa Rasiah, http://sivarasa.blogspot.com/2013/03/bukit-rajah.html

      So there — the ‘lost in transit’ 8 acres explained.

      Two things next:

      (1) Sime Darby promised 15 acres. So haven’t the Indians (185 of them collectively) been shortchanged?

      (2) The remaining 8 acres has been developed into profitable, commercial housing to be sold to the well-to-do (i.e. buyers who can afford higher end homes), ya?

      Oh, and one more thing since you’re such a fount of information. Is Sime Darby still holding on to the 30k each meant to be disbursed to the affected workers?

      Last time – did you say 1998 (just double-checking) – 30k was a fair bit of money, lah.

      If Sime Darby is still holding on to the money after all these ‘donkey’ (our Word of the Day) years, just imagine the depreciation on the amount. Again the kuli rugi and the big capitalist – who is weaseling out of the responsibility of stressing madam Kalyani to death – sits comfortably on the cash pile, eh?

      1. Have seen the MoU and nowhere it states the 15 acres ?? I have personally seen this MoU during meetings with NUPW during the onset the issue and can confirm that nowhere it states the compensation as you claim. Don’t make assumptions as though you have seen this document. 30K to be disbursed to affected workers – don’t know where this info is quoted from ?? unable to help you on this.

        1. re: “Have seen the MoU and nowhere it states the 15 acres ?? I have personally seen this MoU during meetings with NUPW during the onset the issue and can confirm that nowhere it states the compensation as you claim.”

          To the best of my knowledge, Sivarasa Rasiah was the lawyer handling the case — right or not?

          The mention of the 15 acres I cited from Sivarasa’s press statement — the link already provided. (Anyone can click url and read what he said.)

          And how come the double-storey houses built on the ‘lost in transit’ 8 acres almost completed and ready to be sold for profit whereas the low-cost terrace houses meant for the former estate workers have been stalled (projek terbengkalai)?

          The 50 families (out of 75 workers) been waiting five years wor, for their houses to be ready albeit as you have correctly pointed they are receiving a monthly housing allowance of RM700.

          If the double-storey houses built for profit (open sale) are almost completed but the low-cost terrace houses promised as compensation bila lagi nak bina, WHAT DOES THIS INDICATE ABOUT SIME DARBY PROPERTY?

          To me, it shows that the paying customer is prioritized whereas the estate workers are regarded as janji tak payah ditepati b’cos they’re only poor Indians with no bargaining power, is it not so?

          And furthermore none of the 75 families have even signed any S&P yet. What kind of janji is this when nothing is in black & white? An MoU (which you claimed to have seen) is NOT an S&P.

          Since you’ve seen the MoU, pray tell us its contents. Were the 15 acres of unpromised land originally given over to a crony 3rd party-politically connected company to develop?

        2. Really TomTom !!!, Care to share the contents of the MOU with us. If you are familiar with plantation issues and the methodology of giants like Sime deals with the workers, then it is very plausible that certain amount of money is held by the so called samaritans like Sime to blackmail the workers to leave the plantation without any agitation so that the giants can maximize their profits and minimize the outlay to the poor estate workers. As usual the victims are the Indians.

          Did you ever wonder why Sime did not take up this particular development project in Bukit Rajah but handed it over to a third party whereas the rest of the Bandar Bt Raja development was handled by Sime. Why was there this arrangement when Sime has its own development arm? That is the golden question and maybe you can provide us an answer how 15 acres awarded become 7 acres for the workers in Bt Raja. Pleaselah Malaysia not so dumbo.

  13. What is all this BS-lah. If TomTom is indeed part of the legal/NGO team for the BR folks, that simply furnish Helen with your literature – affidavits, briefs, press releases etc.

    If you’re growing to throw around your legal bone fides on a SPECIFIC ISSUE and advocate for the Company after claiming you were originally acting of behalf of the BR folks, at least make these claims credibly instead of hiding behind anonymity.

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