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Why should one surrender his or her
land when what he or she needs was just to renew /extend the lease?
Media Statement
by Ronnie Liu Tian Khiew
(Petaling Jaya, Tuesday):
In April this year, the Selangor MB Datuk Seri Mohd Khir Toyo publicly
announced that all landowners living in the villages could renew/ extend
their land lease even after the expiry date. He also said that they would
continue to enjoy the premium set by the State, i.e. 50 sen per sq ft for
another 60 years, RM2.50 per sq ft for 99 years. But they may have to pay a
token for penalty.
Last Sunday, the MCA EXCO member Datuk Ch'ng Toh Eng told his delegates that
the Selangor State EXCO meeting last month (July) has resolved that the
penalty for application after the expiry date would be RM200 for every year
of delay. He also disclosed that the premium remains at 50 sen per sq ft for
60 years lease, and for those who apply for another 99 years, it would be
RM2.00 per sq ft for land within the jurisdiction of the district
council and RM2.50 for land under the control of the town council.
Although the Selangor state should have lowered the premium to 50 sen for
another 99 years in keeping with the promise made by the former Deputy PM
Tun Ghafar Baba in 1990 (instead of RM2.00 or RM2.50) and refrain from
imposing a penalty for late applications, the DAP welcomes these decisions
reached by the State government as these requirements were largely in line
with the Selangor Land Rules 1966.
But things are not as rosy as what depicted by Ch'ng and Khir Toyo.
Armed with these latest information, I went to the land office in Bangi this
morning to help those Sg Chua villagers affected by the Kajang Outer Ring
Road (SILK) project to renew their land leases. Instead of allowing the
affected landowners to renew/extent their leases in accordance with Section
228 of the National Land Code, they were all given Form 12 A under the
Section 197, which is simply for the purpose of " Application for surrender
of land", plus forms for the application for government land.
Why should one surrender his or her land and then apply it back from the
government, when all he or she wants is to renew/extend the leases?
Who is going to be responsible if the application for surrender was approved
but the application of land was rejected, as in the case of Sg Chua
villagers (who are now left with no renewed titles and unfortunately
affected by SILK)? Or slapped with some exorbitant premium as in the case of
Petaling Jaya residents living in Section 1 to 5?
A few years back, many of the Sg Chua villagers have filled up similar
application forms under the guidance of the local MCA leaders. Many of them
now ended up without a renewed title. They were not paid with the rightful
compensation when their lands were acquired by the SILK project under the
Land Acquisition Act. The government authorities tell them that their land
titles had expired (luput) and they will only be compensated with a small
plot of land, plus a small sum as consolation (saguhati)!
But MCA leaders continue to mislead the villagers in the name of helping
them to extend their leases. Just last week, hundreds of Sg Chua villagers
were asked to sign on these forms, practically surrendering their land
rights to the state, and then put in fresh application for the same piece of
land owned by them all these years.
These villagers who have just signed these papers with the land office and
MCA may also end up like other fellow villagers. Their lands are not safe
any more the minute someone has earmarked their lands for development. And
SILK is a classic example.
MCA now owes them a good explanation. It's their duty and responsibility to
make sure that the villagers who trusted them to fill up the forms do not
lose their titles, just like those who were affected by SILK now.
Mohd Khir Toyo should step in immediately to help the affected villagers. He
must also direct the land office to introduce a new mechanism for
renewal/extension of land lease in the interest of the people, instead of
subjecting them to possible abuse, even to the extent of losing their lands
and homes given to them by their ancestors.
What has happened to the Sg Chua people is really sad and frightening. It
appears that they have no choice but to seek justice and remedy in court.
(Note: Section 228 of the National Land Code reads, " Option for
renewal, or for purchase of reversion
(1) Any lease, sub-lease or tenancy
granted under this Chapter may confer on the lessee, sub-lessee or tenant an
option, exercisable at any time before the expiry of the term thereby
created or its sooner determination-
(a) to require the grant to him of a
lease, sub-lease or tenancy for a further term, or
(b) to purchase the reversion expectant on the existing term.)
(5/8/2003)
* Ronnie Liu Tian Khiew, DAP
Publicity Secretary
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