What's going on in Kg Sg Baru and why it matters: part 2
This is a 🧵 on the Land Acquisition Act (LAA) 1960 and how the govt can take your land from you.
(This one ain't just long, it's also very heavy - sorry)
If you missed part 1, it's here: https://t.co/FBnkkCXVUO https://t.co/RKra44eyJR
Now the LAA covers:
i) Acquisition of land
ii) Assessment of compensation
iii) The steps, requirements, and procedures involved in acquiring land
The most important part of the LAA is Section 3(1), because it lists the reasons for which land can be acquired. https://t.co/3zfnkCmZ3H
So the Act says the govt may acquire any land which is needed:
(a) For any public purpose;
(b) By any person or corporation for any purpose which in the opinion of the govt is beneficial to the economic development of Malaysia or to the public;
or
(c) For the purpose of mining or for residential, agricultural, commercial, industrial, or recreational purposes or any combination of such purposes
So if the govt wants to build a school or a hospital, they can use this act to legally take your property.
At this point it might sound like one of those "it's unfair but it's not against the law" kind of situations, but here's the thing, at least one expert says the Kg Sg Baru land acquisition is "legally incorrect".
Local govt expert Derek Fernandez raises two main points:
1) If the properties to be acquired have lawfully approved building plans, they cannot be acquired under the LAA, unless it's for a public purpose.
https://www.thevibes.com/articles/opinion/61616/dont-use-land-acquisition-act-for-traditional-enclaves-commercial-development-derek-fernandez
2) The purpose for which the land is being acquired - as in s3(1) a, b, or c - has to be clear and unambiguous.
Now this is where it gets interesting.
Up until last Wednesday, none of the residents (or their lawyers) knew which limb of s3(1) was being used to take their land
In the s4 gazette, the tujuan pengambilan was listed as:
"PERMOHONAN PEWARTAAN DI BAWAH SEKSYEN 4 APT 1960 BAGI PROJEK PEMBANGUNAN SEMULA KG SG BARU"
a.k.a.
"We're taking the land of Kg Sg Baru residents bc we're taking the land of Kg Sg Baru residents (oh and redevelopment)" https://t.co/rTUnR0Kdxg
It was not until June 15 - almost a year since the acquisition was approved - that a statement by the Perbadanan Pembangunan Kg Bharu (PKB) revealed that it was s3(1)(c). https://t.co/gGGryYUwvA
Based on our earlier explanation of s3(1)(c), the land is likely being acquired for a mix of residential, commercial, & recreational purposes.
Which means, tying in to the point of my first thread, that the govt is taking people's land and giving it to a private company to sell.