Federal government must offer ‘new and better deal’ to Kampung Sungai Baru residents

By N Surendran

In recent days, many contradictory and inaccurate statements have been made by ministers and politicians from both sides of the political divide on the forced land acquisition and stalled development in Kampung Sungai Baru.

However, there has been no progress in resolving the woes of the people of this kampong.

The people here do not deserve to be in the uncertain and difficult situation they are now put in. They are victims of forcible land acquisition, poor governance and wrongful actions by the government.

This state of affairs cannot be allowed to continue. The federal government has both a legal and moral duty to find a solution. The problems faced by the kampong today were caused by the federal government’s unlawful act of invoking the Land Acquisition Act 1960 to forcibly take the land and homes of over one third of the residents.

It was this unwarranted act of the government that prevented the residents from receiving a fair and commensurate deal from the developer.

The solution to the ongoing controversy is straightforward.

First, the federal government must acknowledge that the land in Kampung Sungai Baru is “Malay reserve land” known as “Malay Agricultural Settlement” (MAS). This acknowledgement is crucial in moving forward to resolve the matter. The determination of the status of the land in turn determines the means and methods which would then be available to the government to achieve a solution.

Second, the federal government must acknowledge that the land acquisition process was void and unlawful because it was carried out in relation to land titles which incorrectly stated the land to be leasehold for 99 years – whereas the land is actually freehold MAS land. By law, the government can acquire Malay reserve land, but such acquisition becomes unlawful if the status of the land was wrongly described in the acquisition process. Under Article 13(1) of the Federal Constitution, deprivation of property must be done strictly “in accordance with law”. The acquisition process in Kampung Sungai Baru was not in accordance with law as the acquisition was on the wrong basis that it is leasehold land.

Third, the illegality of the acquisition gives grounds to the federal government to intervene and negotiate with the developer, to obtain a new and better deal for all the residents of the kampong. Both groups – those that signed the joint venture agreement and those whose land was forcibly acquired and received inadequate compensation – have had a very bad deal. It is the government’s duty to remedy and correct this.

Fourth, any new process of development must be transparent and include the participation of the people of the kampong. They must be given better replacement houses, with better facilities and lower-density condominiums. Compensation awards must be at a fair rate, and not at the under-market RM450psf currently granted. The important consideration is that the people must be given the financial ability to continue staying in Kampung Sungai Baru post- development, which is the aspiration of most of the residents.

If negotiations with the developer are not successful, the federal government must continue the development using government agencies such as PKNS. PKNS was already the holder of the master title for the strata title homes prior to the transfer to the developer.

Finally, the important matter of the status of the land in Kampung Sungai Baru must be clarified. Various parties have claimed that the kampong is not MAS or Malay Reserve Land. They are wrong. It is indubitably MAS land.

The evidence is as follows.

The Malay Agricultural Settlement was started in 1900 by the colonial government by appropriating 220 acres of land in what is now modern-day Kampung Baru.

The MAS land included the whole of present-day Kamping Sungai Baru. The evidence for this is Gazette no 1550 dated 16 February 1932, issued by the Resident of Selangor.

The land boundaries were stated in detail in that gazette. It includes the whole of Kampung Sungai Baru and is described accurately as “the right bank of Klang River downstream to the southernmost corner of allotment 401, allotment 43 and 57, the right bank of Klang River downstream and Campbell Road”. This description matches exactly present-day Kampung Sungai Baru.

Under Article 89 (1) of the Federal Constitution, Malay Reserve Land can only be revoked by a two-thirds resolution of both Houses of Parliament. There has been no such resolution produced by those claiming that Kampung Sungai Baru is not MAS land.

Any revocation of Malay Reserve Land must also be described in a certified map and lodged with the land office. No such revocation document has been produced by those claiming that Kampung Sungai Baru is not MAS land.

There has also been a new claim that Kampung Sungai Baru was later created by land reclamation from the Klang River by then menteri besar Harun Idris in the 1960s and is thus not part of the original MAS land.

This new claim is unsupported by any evidence. Harun only became menteri besar in 1964, whereas a certified map dated 18 July 1963 (plan no. 23679) shows the existence of the land which is present-day Kampung Sungai Baru upon it. In other words, the entire 16 acres of Kampung Sungai Baru existed prior to Harun becoming menteri besar. There is also no historical evidence of such a massive reclamation exercise involving 16 acres on the banks of the Klang River in the 1960s. It is a fanciful claim.

To sum up, there is unchallenged historical and documentary evidence to prove that Kampung Sungai Baru is MAS land and thus Malay reserve land.

With these explanations and clarifications, we hope the confusion created by various incorrect statements will be cleared up.

We hereby call upon the federal government, in light of these facts, to discharge their duty by intervening immediately with all the resources at their disposal to negotiate a new and better deal for Kampung Sungai Baru. – LFL

N Surendran sits on the Kampung Sungai Baru residents’ rights committee. He is also an advisor to Lawyers for Liberty advisor.

The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

AGENDA RAKYAT - Lima perkara utama

1. Tegakkan maruah serta kualiti kehidupan rakyat
2. Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
3. Raikan kerencaman dan keterangkuman
4. Selamatkan demokrasi dan angkatkan keluhuran undang-undang
5. Lawan rasuah dan kronisme

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