Showing posts with label NCR. Show all posts
Showing posts with label NCR. Show all posts
Saturday, October 4, 2008

Not To Trespass Is Not Eviction

Sudarsono Osman, director of Sarawak’s Land and Survey Department clarified that letters had been sent by the lawyers of Tung Cheong Sawmill Sdn Bhd to eight individuals in Bekenu district warning them not to trespass on the company’s land. He further stated that the letters are not eviction orders by the Land and Survey Department as alleged.

If the affected individuals were warned not to trespass, how are they going to comply if their houses is in the said land (land allegedly belong to the company). Thus, the only way for them to follow the letter's order is to move out from their house. That's eviction !

The issue all started when Miri Land and Survey Department said the affected land are on provisional leases and the kampung folks are no longer the owners. The state government has made previous arrangement to "give away" the land to a private company for development. So what happen to the villagers houses and farm lands ? Taken free by the new company ?

Related posts:
* Illegal Squaters On Their Own Land
* 10,000 villagers to be evicted by Miri Land and Survey Department






From The Star

Land dept says no eviction order issued

By SHARON LING

KUCHING: Sarawak’s Land and Survey Department on Saturday said it had never issued eviction orders to 10,000 people from 13 Kedayan-Malay villages in Bekenu, Miri, as was reported last week.

Its director Sudarsono Osman clarified that letters had been sent by the lawyers of a private company to eight individuals warning them not to trespass on the company’s land.

“The letters are not eviction orders by the Land and Survey Department as alleged,” he said in a statement Saturday.

Sudarsono said the land in question, Lot 3935 Lambir Land District and Lot 4448 Sibuti Land District, was alienated and issued with a provisional lease to a company in February 2001 for the purpose of an oil palm plantation with an area of 1,180ha and 550ha respectively.

“The land is situated at least 2km away from the nearest village and therefore the possibility of any village being located within the provisional lease area is far-fetched.

“Based on records, all land that may be subject to native customary rights (NCR) has been excluded from the provisional lease area,” he said.

He added that in June 2002, a dialogue was held between the Miri Land and Survey Superintendent and several community leaders representing the Kedayan-Malay villagers.

“The outcome of the dialogue then was that the surveyors appointed by the company would be allowed to carry out a perimeter survey and to determine the locations of their NCR and cemetery sites,” he said.

However, a writ of summons was subsequently filed in the Miri High Court in March 2003 over Lot 3935 Lambir Land District which named Tung Cheong Sawmill Sdn Bhd, the Miri Land and Survey Superintendent and the state government as defendants.

“Since the matter has been filed with the court, the department is not able to proceed in dealing with the matter as it would be subjudice,” Sudarsono said, adding that the case was fixed for hearing on Nov 19.

As for Lot 4488 Sibuti Land District, he said Land and Survey officers had carried out two inspections on the land and found no cemetery there.

“However, I have directed my superintendent in Miri to call in the affected people soon to tackle the issues brought up by them,” he added.

Last Saturday the villagers had claimed that they were being evicted from their land to make way for an oil palm plantation and had staged a demonstration to protest the matter.

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Friday, October 3, 2008

Illegal Squaters On Their Own Land

This is a follow up post on the 10,000 villagers to be evicted by Miri Land and Survey Department. Apparently, the eviction of 10,000 villagers is postponed, for the time being. But villagers are living on the edge as they know the bulldozers from the private developer (and Miri Land and Survey Department's Enforcement) may come after the Hari Raya holiday to demolish their century-old settlement.

Dr George Chan, the Deputy Chief Minister of Sarawak said he would personally bring up the case during the state cabinet meeting for an immediate solution to be found. So, hopefully, the bulldozers did not turn up until after the state cabinet meeting.

The 13 affected kampungs were Kampung Batu Satu, Butir, Kejapil, Keluru Tengah, Keluru Jaya, Subak, Sepurau, Selanyau, Opak, Tusan, Uban, Terahad and Beraya.

Some 10,000 villagers who are mostly from the Kedayan-Malay community from Brunei had settled in the area since 1910. As such, even though they may not have legal land title, they are not squatting on government land.
They settled there even before Malaysia come into being ! It is the fault of Miri Land and Survey and their MP or constituency minister for not giving the villagers proper land titles.

UPDATES: Oct 04, 2008: Not To Trespass Is Not Eviction






From The Star

Eviction of 10,000 residents ‘put on hold’

MIRI: The 10,000 residents who have been evicted from their centruty-old villages in northern Sarawak have been given a reprieve for Hari Raya.

The Sept 29 deadline for the residents of the 13 Kedayan-Malay villages in Bekenu district came but there were no bulldozers in sight to demolish their homes.

They had been asked to move out of the land that had been leased out to a Miri property developer for an oil-palm plantation and had sought the help of Sibuti MP Ahmad Lai Bujang.

Ahmad told The Star yesterday that the villagers had been living on the edge, worrying when their homes would be bulldozed.

“Luckily, the Hari Raya proved to be a reprieve. I did not see any Land and Survey Department enforcement teams or workers from the private company attempting to demolish any houses.

“The eviction has been put on hold, it seems. However, I worry what will happen after the Hari Raya.

“The issue has generated a lot of publicity. The dispute is over a big area.

“The villagers have been living there for many generations and yet the company has staked a claim as the rightful owner.

“This is turning into a big dilemma because the developer’s lawyer has issued a letter saying that the villagers are illegal squatters,” he said.

The villages are located some 40km south of here, along the Sarawak Second Coastal Highway near the Miri-Bintulu divisional boundary.

On Sept 27, the desperate villagers staged a public demonstration along the highway to garner attention to their plight.

Asked whether the villagers would get an injunction against the eviction order, Ahmad said they were looking at all avenues.

“They are appealing to the Government first before resorting to any court action,” he said.

Ahmad said that the villagers have a strong claim to the land, as they had been living there continuously since 1910 and have native land rights by virtue of their ancestral background.

The Kedayan-Malays are direct descendants of the Brunei Malay and migrated to Sarawak during the British colonial era.

----------------------------
From The Borneo Post

Eviction of 10,000 to be sorted out: Dr Chan

State govt views seriously alleged eviction orders on 13 kampungs

MIRI: The state government views seriously the alleged eviction orders issued by a local oil palm company on 13 traditional kampungs in Bekenu.

Deputy Chief Minister Datuk Patinggi Tan Sri Dr George Chan said he would personally bring up the case during the state cabinet meeting for an immediate solution to be found.

“The government is always mindful of the welfare of the people including those staying in traditional kampungs, even though they did not have land titles,” said Dr Chan.

The 13 affected kampungs were Kampung Batu Satu, Butir, Kejapil, Keluru Tengah, Keluru Jaya, Subak, Sepurau, Selanyau, Opak, Tusan, Uban, Terahad and Beraya.

Some 10,000 villagers who are mostly from the Kedayan-Malay community from Brunei had settled in the area since 1910.

Dr Chan told reporters this when leading members of Sarawak United People’s Party (SUPP) on a Hari Raya visit to Miri District police chief ACP Jamaluddin at the Police Complex here yesterday.

The entourage which included Minister of Plantation Industries and Commodities Datuk Peter Chin Fah Kui, Assistant Minister of Infrastructure Development and Communication Lee Kim Shin and Pujut assemblyman Andy Chia also visited Malay and Muslim political, corporate and public figures.

According to Dr Chan, the company concerned had been given the probationary lease by the Land and Survey Department to develop the area.

Therefore the company should not have rushed to issue eviction orders as the lease was initially to enable them to make feasibility studies on the project.

Last Saturday several representatives from the 13 kampungs staged peaceful demonstrations urging Chief Minister Pehin Sri Abdul Taib Mahmud to intervene in the land dispute between them and the local developer.

According to Penghulu Sahar, the company was to have done some clearing work on lots No. 3935 and No. 4448 comprising 5,599 hectares, and given notice to the affected villagers to vacate the land concerned within 14 days, that was by Monday, Sept 29.

The notice dated Sept 15 was issued by the company’s lawyer.

--------------------------------------
From The Borneo Post

Let’s talk, but don’t try any rough stuff with me: CM

By Puvaneswary Devindran

KUCHING: Chief Minister Pehin Sri Abdul Taib Mahmud said he is open to discussion on a supposed eviction of some 10,000 villagers from 13 Kedayan-Malay villages in Bekenu.

He said although he had yet to hear from the affected villagers, he felt that the best way to resolve the matter was to come and see him and not try any rough stuff with him.

“Because once you start playing rough, you cut all communication with me. In the end, you still have to communicate with me because I’m the government … whether or not the claim is good (only) then I can consider,” he told reporters at the second day of his Hari Raya Aidilfitri open house at Stadium Perpaduan here yesterday.

He stressed that there was no way of talking things through if one were to go about the situation in a rough manner.

“The government can work out something. If you want to make an appeal, make an appeal. That’s the best way. Tell the story properly,” he added.

On Saturday, a group of people from the 13 villagers protested a move to evict them from their century-old settlement by a private developer.

They allegedly received a notice on Sept 15 from the company’s lawyers to leave within 14 days.

The affected villagers, as claimed by a group that protested peacefully at Kampung Beraya junction yesterday, are from the villages of Batu Satu, Butir, Kejapil, Keluru Tengah, Keluru Jaya, Subak, Sepurau, Selanyau, Opak, Tusan, Uban, Terahad and Beraya.

The villagers claimed that the area concerned was an old burial ground of their Kedayan Muslim ancestors and that the affected cemeteries are Kubur Islam Kejapil, Kubur Butir, Kubur Sungai Jalil, Uban and Kubur Sungai Payau.

The Kedayans settled in the area sometime in 1910.

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A private developer in Miri is encroaching into a century-old settlement, with Miri Land and Survey Department giving their consent.

Village folk from 13 Kedayan-Malay kampungs in northern Sarawak, who are descendants of the Brunei Malays, are in dire straits after the entire population of 10,000 people from the 13 villages were issued an ultimatum to move out by Monday.

Miri Land and Survey Department claimed that those land are on provisional or temporary leases.On September 15, those villagers were served a letter to inform them to move out 14 days after the letter. Thus, if no one is helping the villagers by September 29, 2008 the bulldozers from the private developer will roll into the villagers and destroy their kampong !

Sound your grouses to Miri Land and Survey Department, below:
Superintendent of Land and Survey Miri,
Wisma Pelita Tunku, Jalan Puchong,
98000 Miri, Sarawak.

Tel: 085-435000
Fax: 085-418191






From The Star

Sarawak villagers being evicted from ancestral land

By STEPHEN THEN

MIRI: Village folk from 13 Kedayan-Malay kampungs in northern Sarawak are up in arms over a move by the Sarawak Land and Survey Department and a private developer to evict them from their century-old settlement.

These Kedayan-Malays, who are descendants of the Brunei Malays, are in dire straits after the entire population of 10,000 people from the 13 villages were issued an ultimatum to move out by Monday.

They have received eviction notices from the department, and a letter from the lawyer of the company that will be taking over the land, to vacate their homes by Monday. The affected villages are located some 40km south of Miri City, along the Sarawak Second Coastal Highway near the Miri-Bintulu divisional boundary.

On Saturday, dozens of these affected villagers staged a demonstration at the roadside of the highway starting at 8am to get the attention of passing motorists towards their plight. They unfurled banners and placards denouncing their eviction. The crowd grew as passers-by joined in the protest.

Two elderly Kedayan chieftains, Penghulu Sahar Pusha and Bengkil Bangkol, also joined the demonstration.

They showed The Star the lawyer letters they had received dated Sept 15, this year. The letter states that the villagers must vacate their homes within 14 days from Sept 15. Sahar said the 13 villages affected by the eviction are Kampung Batu Satu Beraya, Kampung Kejapi, Kampung Keluru Jaya, Kampung Orak, Kampung Beraya, Kampung Butir, Kampung Keluru Tengah, Kampung Subok, Kampung Sapaou, Kampung Sebayau, Kampung Tusan, Kampung Uban and Kampung Telud.

“This move to evict us is a huge shock to all of us. We have been living in these villages since 1910. Recently, the State Land and Survey Department and the private developer sent us letters informing us that the land we are living on had been taken over for development purposes.

“We were told that they have plans to develop sawmill and oil-palm plantations. We were informed that 1,800 hectares of our land had already been allocated to a sawmill.

“All the 13 kampungs have a total of 5,500 hectares of land. The total population is about 10,000. This sudden move to evict us is shocking indeed. Where are we to go? This is our ancestral home. We have been here for almost 100 years,” he said when interviewed at the site.

Bengkil said the private developer had already bulldozed four cemeteries in its effort to clear the land to build an access road. The desecrated cemeteries are Kubur Kejapil, Kubur Batir, Kubur Sungai Jalil and Kubur Sungai Payau, he said.

“We have sought urgent meetings with the relevant authorities to help us. We have recently met with the Miri Land and Survey Department officials but they told us we have no rights over the land because we only have provisional leases.

“We protested saying that we have native customary rights because our ancestors have been there since 1910. However, they refuse to withdraw the eviction directives,” said Bengkil.

The affected villagers are now appealing to Chief Minister Tan Sri Abdul Taib Mahmud to intervene and stop the eviction.


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