‘You are plain wrong, legally and factually’: Lawyers school minister over Kampung Sungai Baru dispute

Lawyers representing Kampung Sungai Baru residents who are in a dispute over the acquisition of their land in the heart of the capital city have chided Plantation Industries and Commodities Minister Johari Abdul Ghani for his defence of the developers’ actions, saying he got his facts wrong when he described the land as “leasehold”.

Lawyers for Liberty (LFL) said Johari’s claim that the land was not a Malay reserve was “plain wrong, both factually and legally” as the entire Kampung Baru, which covers 220 acres and includes Kampung Sungai Baru, was gazetted as a “Malay Agricultural Settlement”, or MAS, in 1932.

“The boundaries of the land described in the gazette clearly includes Kampung Sungai Baru, as can be seen from certified government maps. Kampung Sungai Baru is thus undeniably Malay reserve land. This information is critical in understanding and resolving the present disputes, but Johari seems quite unaware of it or simply does not understand it,” LFL’s N Surendran said.

Johari, who is the area’s MP, said demolition work by the private developer involved must continue despite protests from residents, who have stepped up their campaign against the acquisition of their land in recent weeks.

Surendran said the area’s status as Malay reserve land had never been revoked by the government as required under Section 4(1) of the Malay Reserve Enactment Act.

He said the status of Kampung Sungai Baru which was listed as “leasehold” with a 99-year tenure in the land titles is wrong.

“The land was never of leasehold status. The fault for this shocking mistake must lie squarely upon the government which issued the incorrect titles in the 1970s,” he added.

Last week, residents demanded an inquiry into the status of their land, citing official documents categorising it under MAS.

They also called for a halt to the development activities pending the inquiry’s findings.

“Once it is verified through an inquiry that the land is (Malay) reserve land, it must be returned to the residents,” the Kampung Sungai Baru Residents’ Rights Committee said during a joint press conference attended by affected landowners and lawyers from LFL on April 25.

Surendran, who is also the committee’s adviser, said that due to the area’s status as a Malay reserve land, the entire acquisition process in Kampung Sungai Baru was “void and unlawful”.

“How can it be legally correct when the acquisition of the land by the government was upon leasehold land titles, when the land is actually freehold reserve land? If the acquisition is unlawful, that calls into question the ongoing development itself,” he said.

Kampung Sungai Baru entered the spotlight due to the impasse between the developer and the residents who have refused to relocate.

Landowners have declined the compensation offered by the developer and are opposing the government’s use of the Land Acquisition Act 1960 for the development of the area under the Kampong Bharu Development Corporation.

They also disagree with the amount of compensation offered, saying it is not in line with market prices given that the area is just minutes away from the Golden Triangle and KLCC – some of the most developed areas in the capital city with a property value of more than RM1,000 per sq ft.

They say the government must have the unanimous agreement of all landowners before it can take over a given plot of land.

Meanwhile, Surendran questioned Johari for suggesting that the affected residents negotiate with the developer.

Instead, he said, the government should intervene to settle the matter.

“It is the government that caused the problem in the first place by invoking the land acquisition law; now they cannot, legally or morally, abandon the people of Kampung Sungai Baru.

“It is for the government to urgently intervene and take all necessary steps to achieve this,” he said.

He said the residents were not against the development of the area, but only demanded a “fair and equitable” share.

He warned against below-market value compensation or inferior replacement houses.

“It is public knowledge that their land is prime real estate. The people of Kampung Sungai Baru must not be denied the benefits of this development.”