Wednesday, July 8, 2015

Court of Appeal ruled in favour of Kg Tai Lee residents

Press statement by M. Kula Segaran, DAP National Vice Chairman and MP for Ipoh Barat in Putra Jaya on 7th July 2015

Court of Appeal ruled in favour of Kg Tai Lee residents

it was good news today when the 54 Kg Tai Lee residents who decided to continue their fight against their eviction to the Court of Appeal won their case. 

It is hoped that the developer will have discussion with the residents to find a win win solution.
In 2007, the new owner of Kg. Tai Lee Ipoh issued notices of eviction to over 100 residents residing in this village.

Over the years, many took some form of compensation ranging from RM 2000 to RM 5000 and moved out from the village. Many moved out of fear that at the end of the day, they would be kicked out without any compensation. 

I, as the Member of Parliament for the area where the village is located, offered free legal services to the remaining residents. My partner and lawyer N. Selvam was very thoroughly involved in the preparation of court documents etc.

In December 2013, after nearly 10 days of full hearing, the Ipoh High Court ordered all the 54 remaining residents to move out from the village and provided each resident a compensation of RM 10,000.

The 54 residents were not happy with the High Court decision. After much discussion, they advised me to appeal to the Court of Appeal.

The residents whose forefathers settled here some 100 years ago wanted housing lots or houses to permanently settle in the village. The 54 residents were tenants and not squatters as alleged by the newest land owner Teh Teng Seng, the well known developer in Ipoh town.

At the Court of Appeal today, we argued that the notices and the summonses were defective as the 54 residents were referred to as squatters when in fact they were tenants. The 54 tenants were paying rent to the previous owners until 1996.

The developer’s lawyer Visvanathan argued that the eviction notices were correct although the residents were alleged to be squatters.

The case was presided by YA David Wong, Umi Kaltum and Zamani. After over 1 hour discussion, the Court of Appeal judges unanimously agreed with us and stuck out the developer’s case.

Eviction should not be the solution and in all cases of such disputes, developers and the state government should play their part to help find a win win solution.

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