PSM: Why charge hillslope residents? - FZ.com

First Published: 4:07pm, Dec 20, 2012
Last Updated: 4:07pm, Dec 20, 2012
Nation
by Stephanie Sta Maria
fz.com/Stephanie Sta Maria
 
PSM S. Arutchelvan (R) is baffled why the AG interferes in a private case against land development.
KUALA LUMPUR: Parti Sosialis Malaysia (PSM) and residents of the Green Cow area in Cameron Highlands are baffled over the contradictory stands taken by the authorities on land development works on the hillslope.
PSM Cameron Highlands branch secretary B Suresh Kumar said that although the residents had obtained a court injunction to stop the developer from carrying out soil movement works in the area, the attorney-general (AG) remains intent on pursuing criminal charges against three of them.
 
"The Kuantan High Court has delivered us justice," he told a press conference at the PSM headquarters today. "But the AG, district land office and police have continued to stand against us."
 
The Green Cow residents lodged a police report against LTT Development in September 2011 over fears that their homes and lives were in danger following bulldozing works by the developer to carry out a commercial shop lot project.
 
In May this year, the residents set up camp in the developer's area, prompting the developer to obtain an ex parte injunction to stop them from trespassing.
 
Three months ago, two Green Cow residents were charged by the authorities at the Cameron Highlands Magistrate's Court for obstructing the developer's lorries. Their case will be heard on Jan 29 next year.
 
On Dec 11, the Kuantan High Court set aside LTT Development's ex parte and inter parte injunctions to stop the residents from trespassing on the land.
 
The court also awarded an injunction to Green Cow residents to stop LTT Development from carrying out soil movement works near their homes.
 
This is the second court victory for the residents with the first being on July 30, when the Cameron Highlands Magistrate's Court cleared Suresh and two other residents from charges of wrongful restraint.
 
The AG however appealed the case in the Termerloh High Court in August. The appeal will be heard on Feb 22 next year.
 
PSM secretary-general S. Arutchelvan, who was also present at today's press conference, questioned why the AG is interfering in a case that could easily be pursued by a private company.
 
"These people are fighting to save their lives and their homes," he said. "This isn't a blind fight for the environment but started when a rock fall occurred in the area."
 
According to Arutchelvan, even the district land office is uncooperative in its insistence that all documents related to the development are confidential.
 
"The developers have even sent gangsters who pointed guns at the resident but the police will only conduct investigations if we have the make and model of the guns," he said.
 
PSM and the Green Cow residents are also wondering if MIC President Datuk G Palanivel has any intention of honouring his promise to provide them alternate land for relocation.
 
"Palanivel visited the area in July and promised to give the Green Cow residents another piece of land," Suresh claimed.
 
"His aide even took some of the residents to the allocated land which is a forest area. That was the last we heard from him."
 
Suresh said that they have sent two letters to Palanivel but received no response.
 
Arutchelvan meanwhile claimed that Palanivel had made that promise because he knew that the land area was unsafe.
 
When asked if Cameron Highlands MP Datuk K Devamany was playing a role in the issue, Arutchelvan replied that Devamany had written a letter to Pahang Menteri Besar Datuk Seri Adnan Yaacob, seeking a resolution but there had been no feedback.
 
In July, Palanivel issued a statement saying that the woes of the Green Cow residents had been resolved as Adnan had agreed to allocate a piece of land for each of the affected families to rebuild their homes.

‘Green Cow’ battle comes to a head - The Sun

Posted on 24 December 2012 - 05:30am
Elly Fazaniza

KUALA LUMPUR (Dec 24, 2012): The land battle between 'Green Cow' farmers in Cameron Highlands and a developer continues to escalate with two resident farmers ordered to present themselves for a hearing against LTT Developers on Jan 29 next year.
On Thursday, the duo's lawyer Collin Arvind Andrew told theSun that S. Ravidran, 28, and S. Marapan, 43, had been accused of obstructing the developer's bulldozers from carrying out construction work in July.
"They have been charged under section 341 of the Penal Code for wrongful restraint. The hearing will be at the Cameron Highlands magistrate's court," he said.
He added that in February, a Parti Sosialis Malaysia (PSM) member and two more residents will also appear before the High Court in Temerloh, Pahang.
He said that PSM member B. Suresh, with S. Nagarajan and S. Tanabalan, have been ordered to appear on Feb 22.
"On July 30, they had also stopped some bulldozers. As no prima facie case had been presented, the accused had been acquitted," Andrew said.
The attorney-general subsequently filed an appeal to the High Court to overturn the decision. Suresh has been charged under the Penal Code, section 341, which carries a maximum punishment of one month imprisonment, or fine up to RM1,000 or both.
Meanwhile, Nagarajan and Tanabalan are charged under section 506 of the Penal Code, which carries a maximum punishment of two years' imprisonment or fine, or both, he said.
PSM secretary-general S. Arutchelvan reiterated the party's call for the attorney-general to drop all charges against the residents as they were merely protecting their homes.

Significant win for Green Cow residents - FMT

K Pragalath | December 21, 2012

Kuantan High Court grants them an injunction against developer bent on bulldozing a project through in Cameron Highlands

PETALING JAYA: The Kuantan High Court’s decision to grant an injunction against a developer is a significant victory for the people of Cameron Highlands, said PSM.
Green Cow residents, with the help of PSM, successfully obtained an injunction to stop the developer LTT Developers Sdn Bhd from carrying out soil movement works near their homes.
High Court Judge Mariana Yahya also set aside LTT’s ex parte and inter parte injunctions to stop the residents from encroaching or dwelling on the land located in Ulu Telom.
Cameron Highlands PSM secretary B Suresh Kumar described the decision by judge Mariana as a major victory for the people.
“The decision proves that there is a real danger posed by LTT Developers Sdn Bhd,” said Suresh.
Initially eight families had filed the case but five withdew.
In July this year Cameron Highlands magistrate Nik Habri Muhamad acknowledged the danger posed by the developer on the residents who are living at the foot of the hills.
Following that LTT obtained injunctions against eight residents, prohibiting their families from entering the land earmarked for the construction of four storey shoplots.
The residents’ lawyer, Yudistra Darma Dorai, in his submission, also filed an affidavit from an independent civil engineer on the risks involved in the developer’s work.
The engineer, M Saravanan, who has 17 years of experience, said there was a danger of landslides, rock falls and landslips which will endanger the lives of the neighbouring residents.
Yudistra’s fellow counsel, Noorima Fairuz, told FMT that the case would now be heard at a full trial, the date to be fixed by Mariana.
Meanwhile, Suresh said that he hoped that the state government would keep to its promise to relocate and compensate the residents.
“We are asking for RM100,000 for each of the three families. That amount would enable them to build a house,” he said.

Several Cameron Highlands' residents obtain injunction to stop developer - The Star Online

From The Star
Published: Tuesday December 11, 2012 MYT 7:11:00 PM


By ONG HAN SEAN


KUANTAN: Several Cameron Highlands residents have successfully obtained an injunction to stop a developer from carrying out soil movement works near their homes. Their lawyer Yudistra Darma Dorai said High Court judge Justice Mariana Yahya had also set aside the plaintiff LTT Development's ex parte and inter parte injunctions to stop the residents from encroaching or dwelling on the land located in Ulu Telom, Cameron Highlands.
"The judge granted our application for an injunction to have LTT Development cease all work involving soil movement near the residents' area. Our argument is that we have got an expert affirmed in an affidavit that there are risks of landslide, rock fall and landslip from the work being carried out which will endanger the lives of the neighbouring residents," Yudistra said on Tuesday.
In September last year, the Green Cow residents lodged a police report against LTT Development, fearing that their homes were in danger of being hit by a landslide due to bulldozing works by the developer.
In May this year, the residents set up camp in the developer's area to prevent them from carrying out the commercial shoplot project.
LTT Development subsequently obtained an ex parte injunction to stop the residents from trespassing into the disputed land.
Following that, the residents and political activist B. Suresh Kumar put in an application to set aside the ex parte injunction and to get their own injunction against LTT Development.
They also agreed not to enter the land temporarily after setting up camp for more than 100 days.
Suresh Kumar said ultimately, they hope LTT Development would negotiate with them on compensations to relocate.
"We are asking the government to provide the land and the developer to compensate us so we can build new houses," he said.
Meanwhile, LTT Development's lawyer T. Gunaseelan said his client could still carry out work provided it was not done near the residents' area.

KENYATAAN POTONG TELINGA & TERJUN DALAM SG PAHANG: BUKAN SATU PERKARA BARU UNTUK MB PAHANG BERJANJI DAN KEMUDIAN MUNGKIR JANJI














Gambar dr Malaysiakini


KENYATAAN AKHBAR

1 DISEMBER 2012

Kami di PSM Cameron berpendapat kenyataan MB Pahang, Dato Sri Adnan Yaakob bahawa beliau akan potong telinga dan terjun ke dalam Sg Pahang jika BN kalah di Bentong bukanlah satu perkara baru. Beliau pernah sebelum ini memberi janji-janji kosong kepada rakyat.

Inilah MB Pahang yang prinsipnya tidak selaras dengan laungan Perdana Menteri: JANJI DITEPATI. Berikut ialah 2 contoh berkenaan janji palsu kepada penduduk Cameron Highlands berkenaan masalah tanah, rumah & gerai mereka.

  1. Dato Sri Adnan Yaakob berjanji pada 9/4/2012 di Annex Resort, Kuantan; di hadapan 30 penduduk Cameron bahawa beliau akan melawat setiap satu masalah penduduk Cameron dalam masa 2 minggu dan kemudian menyelesaikannya. Kini sudah 8 bulan berlalu tetapi tidak nampak batang hidungnya.

  1. Memberi kenyataan akhbar pada 18/7/2012 bahawa penduduk Green Cow, Cameron Highlands telah diberikan tanah ganti untuk mendirikan rumah. Tetapi sehingga hari ini, penduduk Green Cow masih menetap di tempat yang sama & mengalami ancaman tanah runtuh akibat projek komersil. Turut bersama MB Pahang memberikan janji kosong ialah Presiden MIC, Dato Palanivel.

Daripada pengalaman PSM Cameron, tidak mustahil untuk MB Pahang berjanji membuat sesuatu dan kemudian mungkir janji. Beliau pernah berbuat begitu, jadi kenapakah beliau tidak boleh mengulanginya?

Disediakan oleh:
Suresh Kumar
Setiausaha
PSM Cameron