PUTRAJAYA: The Federal Court today stood by its June 24 decision that the Buah Pala residents must vacate their homes and hand over the property to the developer who had obtained approval to redevelop the area.
The residents’ second application for leave to appeal was unanimously dismissed with costs by Chief Judge of Malaya Tan Sri Arifin Zakaria, Federal Court judge Datuk Zulkefli Ahmad Makinudin and Court of Appeal judge Datuk Raus Md Raus.
The 45 families had sought leave to appeal against the Court of Appeal’s ruling last May 11 that the residents were trespassers on the settlement and order that they vacate the land.
The respondents – Koperasi Pegawai Kerajaan Negeri Pulau Pinang Berhad, developer Nusmetro Venture (P) Sdn Bhd and Pentadbir Tanah Daerah Timur Laut Pulau Pinang – argued that today’s application was a duplication of the first leave application and was an abuse of the court process because it was a re-litigation of the same issues which had already been argued and was decided upon by the Federal Court on June 24.
Arifin ruled that the question which the residents wanted the Federal Court to determine – whether they have the locus standi (legal standing) to institute legal proceedings against the cooperative and the developer – could not be raised at the apex court because that issue was never raised at the lower courts.
On the issue of indefeasibility of the title of the land, Arifin said the Court of Appeal had ruled that the alienation to the cooperative was proper and legal.
He said the residents could have raised the title issue before the previous Federal Court panel but had failed to do so.
“Therefore, they cannot raise it now,” Arifin said.
The village sits on 2.6ha of prime land in the heart of the rapidly developing eastern part of George Town and demolition works have been rescheduled to Sept 1 after a series of protests by the residents.
Bernama
21/08/09
The residents’ second application for leave to appeal was unanimously dismissed with costs by Chief Judge of Malaya Tan Sri Arifin Zakaria, Federal Court judge Datuk Zulkefli Ahmad Makinudin and Court of Appeal judge Datuk Raus Md Raus.
The 45 families had sought leave to appeal against the Court of Appeal’s ruling last May 11 that the residents were trespassers on the settlement and order that they vacate the land.
The respondents – Koperasi Pegawai Kerajaan Negeri Pulau Pinang Berhad, developer Nusmetro Venture (P) Sdn Bhd and Pentadbir Tanah Daerah Timur Laut Pulau Pinang – argued that today’s application was a duplication of the first leave application and was an abuse of the court process because it was a re-litigation of the same issues which had already been argued and was decided upon by the Federal Court on June 24.
Arifin ruled that the question which the residents wanted the Federal Court to determine – whether they have the locus standi (legal standing) to institute legal proceedings against the cooperative and the developer – could not be raised at the apex court because that issue was never raised at the lower courts.
On the issue of indefeasibility of the title of the land, Arifin said the Court of Appeal had ruled that the alienation to the cooperative was proper and legal.
He said the residents could have raised the title issue before the previous Federal Court panel but had failed to do so.
“Therefore, they cannot raise it now,” Arifin said.
The village sits on 2.6ha of prime land in the heart of the rapidly developing eastern part of George Town and demolition works have been rescheduled to Sept 1 after a series of protests by the residents.
Bernama
21/08/09
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1 comments:
The federal court has made an injustice decision. The federal court judges are to harsh dismiss the poor kg buah pala residents application with costs.
However, the federal court has also pointed out some good points/issues that the Kg Buah Pala Lawyers need to add in the Judicial Review Application at the Lower Court (High Court).
Since the previous decision was made on 24/6/08, the Kg Buah Pala residents have three months to file their judicial review application at the High Court. This application has to file in before the three months of the dated (previous court decision given).
The residents lawyers should file before the deadline 24/09/2009. The federal court judges stated that the lawyers should raise the locus standi issue and land title fraud issue in the High Court.
Therefore now the residents’ lawyers must add all these grounds and issues of fraudulent transfer to Koperasi and Nusmetro in the judicial review application. Finally, the residents’ lawyers should request for a full trial for all the Kg buah Pala residents to proof their case and locus standi. In which the residents will succeed because they are the beneficiaries of Mr. Brown Trust Settlement.
In our opinion the federal court judges have nicely guided the residents lawyers to pursue the relevant issues at the High Court in their Judicial Review Application so that in future if the high court decision was not in favour to the residents than the residents lawyers could bring all these issues and appeal to the Appeal Court to deal all these fraud transfer, locus standi issues. The federal Court judges may also have the grounds to deal all these issues in future.
One way they are right in explaining to the residents lawyers that these locus standi issue, fraud transfer issue and request for full trial was not dealt in the high court before. Therefore the federal court could deal all these issues in the appeal now. Since the federal court has given guidance.
The residents lawyers without any delay must file an application for judicial review in the High court before the expiry of the three months of the previous decision given.
As the matter is urgent, the residents lawyers must also take an injunction against Koperasi and Nusmetro from taking the land/demolition and should not evict the kg buah pala residents until all the court cases are concluded.
God bless kg buah pala residents and their lawyers and Hindraf Chairman Mr. Waythamoorthy for their hard work for the Malaysian Indian Community..
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