Media Statement 31/10/2012 : K.L. UMNO High Court orders vacant possession of 120 year old Heritage Village Kg Railway Indian Settlement, Sentul to Multi-Billion RM YTL / Sentul Raya.

 

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MAKKAL SAKTHI

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In Reply :

Date : 31/10/2012

Media Statement 31/10/2012 (Wednesday)

Re: K.L. Hight Court orders vacant possession of 120 year old Heritage Village Kg Railway Indian Settlement, Sentul to Multi-Billion RM YTL / Sentul Raya.

Kuala Lumpur Hight Court Judge Datin Zabariah binti Yusof today (31/10/12)

allowed the Plaintiff, YTL / Sentul Raya Sdn Bhd’s application for vacant possession of the 120 year old Heritage Village, Kg Railway Indian settlement, Sentul near the Sentul Workshop, the neucleas of the Malayan Railways since the pre independence days. Some 153 Kg Railway defendants some even up to the fifth generation will now be forcibly evicted and the last vestige of the Indian contribution to the setting up in 1885 of the Sentul Railway Workshop and development of the Malayan Railways nationwide from the steam locomotives era what we have today ie the modern the MRT LRT and Commuter train services to.

Some 80% of the Malayan Railway staff at independence are the Indians but their contributions with this High Court decision would now be now wiped out under the UMNO led 1 Malay-sian government policy.

In her brief grounds of Judgment, Datin Zabariah held that as YTL / Sentul Raya are the registered owners by the indefeasilibity of title principle ie by virtue they being the registered owners,they emerge the absolute owners irrespective of how and why they came by to be the owners.

The Court also dismissed the defendants adverse possession equitable right ie occupation of the land when YTL / Sentul Raya had bought the land from KTMB.

The Court therefore held the 153 settlers to be unlawful occupiers and trespassers.Despite lawyer P.Uthayakumar’s submission that there are 100 over witnesses and volumes of historical documents to be tendered in Court at a full trial it was held that there is no triable case and granted Summary Judgment. Why? Justice hurried is Justice buried! Especially so against the vulnerable Indian poor.

The Court also ordered the defendants to pay the total costs of RM7,000.00 to YTL / Sentul Raya. A.Pushpaleela one of the 31 defendants represented by P.Uthayakumar told reporters outside the Courtroom that they would be filing an appeal to the Court of Appeal.

Our concern is that of late corporate figures have been “acquiring Railway Land for a song”. Even the Wilayah Land office refused to allow an official search of the 16A Charge forms and the record of transactions, their loan arrangements, the dubious parties involved etc But this is the set of Justice meted out by the Malay-sian Courts today.

Thank you.

Yours faithfully,

___________

S. Thiagarajan

Youth Chief, Hindraf

019-3085944

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The High Court in Kuala Lumpur has granted vacant possession to the site Kampung Railway, Sentul, to a subsidiary of YTL Corporation : Hindraf dissapointed (See Malaysiakini 31/10/12)

YTL subsidiary wins claim to Kg Railway Sentul land

  • Hafiz Yatim
  • 10:16AM Oct 31, 2012

The High Court in Kuala Lumpur has granted vacant possession to the site Kampung Railway, Sentul, to a subsidiary of YTL Corporation following a dispute over ownership of the land.
Ruling in favour of Sentul Raya Sdn Bhd, Justice Zabariah Yusof found that the 153 residents who claimed ownership have failed to prove this.

She ruled the residents had failed to prove indefeasibility of the land title as the plaintiff (Sentul Raya) was the registered landowner.
“The residents do not have licence for the land, and following this the court allows the application for the plaintiff to have vacant possession,” Justice Zabariah decided in chambers..
The court also ordered the residents to pay RM7,000 as costs.
The residents – about 50 of whom were in court – had staked ownership based on 120 years of occupation of the site dubbed‘Indian Settlement’.
waytha sue libel 311209 uthayaLawyer P Uthayakumar, representing 30 residents, described the ruling as an unfortunate decision.

The village had been part of the nucleus of the railway system, Uthayakumar said, and the residents want the government to declare it a heritage area.
"It is also unfortunate that the government has given the property to a giant multinational at the expense of the residents. The residents have indicated they will appeal," he said.
Those affected plan to hold a meeting tonight.

Sentul Raya, which was bought over by YTL in 1997, was represented by B Thangaraj.
Suit filed last December
The company last December sought a c ourt order to evict the residents from Kampung Railway, claiming to be the rightful owner of the land and that the settlers were trespassers, with no authority or permission to be on the land.
The residents argued they had stayed on the land, which previously belonged to Keretapi Tanah Melayu Bhd (KTMB), for about 120 years, some of them now fourth generation residents.
Uthayakumar questioned how Sentul Raya became the registered owner of the prime railway reserve  land, said to be worth billions of ringgit at today’s prices.
He had penned an article titled “Last Ponggal at Kampung Railway Sentul Indian settlement” earlier this year, highlighting the plight of the residents of villagel, the first railway workers settlement in the country.

Uthayakumar wrote that locomotives, coaches and railway tracks were assembled and later repaired and maintained at the village.

Local dailies had reported earlier that Deputy Federal Territories Minister M Saravanan was disappointed that YTL had reneged on the 1994 promise made by Sentul Raya build low-cost houses for the Kampung Railway Sentul residents.

YTL subsidiary wins claim to Kg Railway Sentul land : Hindraf dissapointed (See Free Malaysia Today 31/10/12)

Kg Railway belongs to developer, says court

G Vinod

| October 31, 2012

The decision paves the way for the eviction of 153 residents.

PETALING JAYA: The Kuala Lumpur High Court declared today that property developer Sentul Raya Sdn Bhd is the owner of Kampung Railway, a residential area in Sentul.

The decision dismayed the current residents of the area, and their lawyer said he would file an appeal soon.

“The developer is the owner of the land, and by that virtue, they emerge the absolute owners irrespective of how and why they came to be the owners,” Justice Zabariah Yusof said in chambers.

Sentul Raya, a subsidiary of YTL Corporation, initiated the case last year. It sought a court order to evict Kampung Railway’s 153 residents, claiming they were trespassers.

The residents say they have the right to remain there by virtue of their being descendants of former Keretapi Tanah Melayu Berhad (KTMB) employees who began settling there in 1885.

They have also called on the government to turn the land into an Indian heritage site.

Commenting on the court decision, Hindraf youth chief S Thiagarajan said the judge had failed to consider what he called the “rich history” of Kampung Railway and its residents.

He also criticised the alleged haste in which the case was disposed of. “Despite the residents having over 100 witnesses and producing historical documents, the judge didn’t even grant a full trial,” he said.

“Justice hurried is justice buried, especially when it involves the Indian poor.”

He also questioned the Federal Territories Land Office’s refusal to give a detailed explanation of how the land was transferred from KTMB to Sentul Raya “without anyone’s knowledge”.

“We notice that private developers are acquiring railway land for pittance,” he said. “The Land Office’s reluctance to show us the transaction records only creates more suspicion.”

Also read:

Kampung Railway settlers submit memo to MP

Railway folk contest suit by developer

Media Event (1/11/2012) : Security Guard appointed by Residents Association hits with iron bar Condo owner. Fracture left hand & nose . 10 days M.C. Zero police action despite police report

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MAKKAL SAKTHI

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Your Reference:

In Reply :

Date : 31/10/12

Media Event (1/11/2012 (Thursday)

Re: Security Guard appointed by Residents Association hits with iron bar Condo resident. Fracture left hand & nose . 10 days M.C. Zero police action despite police report

Date : 1/11/2012 (Thursday)

Time : 1.30 p.m

Venue: Hindraf H.Q. as above

Note: (1) The victim would be present.

(2) The security guard not even suspended and still on duty

(3) Trauma on victim and family

(4) Hindraf Letter to IGP, CPD & OCPD on 2/11/12

Thank you.

Your faitfully,

———————

S. Thiagarajan

Youth Chief, Hindraf

019-3085944