Jul 28 2024, 04:13 PM, updated 10 months ago
Acquisition bid back to haunt Kim Teng folk
So near to Wadi Hana RTS Depot
Arulmigu Sri Rajakaliamman Glass Temple
Jalan Tun Abdul Razak 1/1,
****Wadi Hana******,
80300 Johor Bahru,
Johor.
The Glass Temple is open daily from 7 AM to 10 PM. The admission fee is 10 MYR for adults and 5 MYR for children under 12 years old.
Che Cher Khor Moral Uplifting Association Johor Bahru
新山德教会紫书阁
49, Jalan Storey,
Kim Teng Park,
80300 Johor Bahru,
Johor.
Opening Hours: 9 AM - 5 PM (Monday to Friday);
9 AM - 1 PM (Saturday)
SKS Pavillion condo is opposite Kim Teng Park.......
Acquisition bid back to haunt Kim Teng folk
Acquisition bid back to haunt Kim Teng folk
Kim Teng Park residents holding up a banner to protest against the redevelopment plan for their residential area in Johor Baru.
JOHOR BARU: Life has not been the same for some 1,500 residents in Kim Teng Park here.
This was after the mostly elderly residents felt that they had been stabbed in the back for the second time over plans to acquire their property and land without prior consultation.
The residents live in 279 freehold residential and shoplot units located in an 11.3ha site built 60 years ago, making it one of the oldest housing estates in the city.
Kim Teng Park’s origins can be traced to the time when its first phase of development took place in 1959. According to records gathered by the residents, it was a mixed development project approved by the town council at that time, with a certificate of fitness issued.
The southern end of Kim Teng Park had been earmarked for the Rapid Transit System (RTS) linking Bukit Chagar station in Johor Baru to Woodlands in Singapore.
The houses and shoplots were also located next to the Sultan Iskandar Building (BSI) housing the Customs, Immigration and Quarantine (CIQ) checkpoint.
To say that Kim Teng Park is prime real estate is an understatement. The neighbourhood is dwarfed by many high-rise buildings.
The once-abandoned Pacific Mall Johor Bahru sits directly across the neighbourhood’s row of shops in Jalan Storey.
QUOTE
Pacific Mall in Jalan Storey, which was abandoned in 1997
Many motorists zip in and out of this road as it is a shortcut to and from BSI, and other spots around Bukit Chagar.
There are many carparks nearby, which cater to thousands of workers commuting to Singapore daily.
Residents have also complained of motorists who park haphazardly in the housing estate.
But these perennial issues pale in comparison with the possibility of residents having to move out due to land acquisition.
Velasamy S. Pillai, 70, a resident for the past 40 years, said it was disheartening that the developer was seeking to acquire their land for the second time in four years.
“I think this must be the first case of its kind because I have never heard of any resolved attempt to acquire an entire housing estate without engaging the residents through dialogue.
“It feels like we are being stabbed in the back for the second time.”
He said on Jan 30, residents found out about a government gazette, which proposed an acquisition of 11.3 hectares =
27.92 acres where Kim Teng Park is situated. Such an exercise is said to be undertaken under the Land Acquisition Act 1960.
In May 2015, the residents faced the predicament when they were caught off guard in the first attempt. At that time, they suspected something amiss when they saw surveyors taking photographs in their area.
It was only after making enquiries that the residents discovered their housing estate was earmarked for land acquisition.
They sought the help of their elected representatives, including the then Johor Baru member of parliament Tan Sri Shahrir Samad. Five months later, the residents received a notification from the Johor Baru land administrator, stating that the project had been cancelled.
Based on a public blueprint from Johor Baru City Council, Kim Teng Park and several plots in nearby Bukit Senyum had been earmarked for a “proposed comprehensive re-development (regeneration)” under a plan entitled “Alteration of the Local Plan for Johor Baru District and Kulai District”.
Another blueprint, which was shared with residents in 2015, revealed the developer’s initial plan following the proposed acquisition.
This plan included the construction of a convention and exhibition centre, *********serviced apartments**********, medical centre, hotel, commercial lots and an open-air plaza.
Resident Brehma Nadarajah, 63, in describing what transpired four years ago, said many residents were dumbfounded as none were ever consulted.
****************
“Four years ago, residents only found out when we saw surveyors photographing our area.
“When we asked them questions and asked around, we found out that Kim Teng Park had been earmarked for development and that there would be land acquisition. It came as a shock to us.
“I don’t know how the authorities could green light such an acquisition again.
“Now with this second attempt to acquire our homes, it has left us in so much uncertainty. We are living in fear,” said Brehma, a mother of three who has lived in Kim Teng Park for 38 years.
Retired civil servants Ng Gek Eng, 69, and her husband, Liew Guan Peng, 69, have been having sleepless nights about the prospect of being homeless.
“I have lived here for 38 years. My children were born and raised in this house. My son bought a house here, too, and my two grandchildren have also stayed with me. Where will we go if our property is acquired?
“I cannot sleep at night thinking about my family’s predicament. It has troubled me for months and my health has been affected,” said the retired nurse and a grandmother of two.
*************** Ng and Liew bought their freehold house in 1983 with a RM130,000 government loan. They settled the loan eight years ago.*********
**************They use 28 years to pay a RM 130,000 loan?????? ***********
Another resident, Valiamma Tambusamy, 87, was unhappy at the possibility of having to shift house for the second time.
In 1991, she had to relocate to Kim Teng Park when her previous home in Bukit Chagar was taken over for development.
“Where will I move to? I feel lost because this is my kampung. I was born and bred in Johor Baru. I’m not happy. Nobody is happy. I am too old to get a bank loan,” she said.
Tay Peck Eng, 62, urged the authorities to tell residents if their homes had to make way for development.
“There has not been any notice given to us at all. Not a word. I prefer not to move out.”
Tay’s late father, Tay Lai Huat, was among the developers of Kim Teng Park when the first phase of neighbourhood was built by developer Tay Soon Lee Sdn Bhd.
The mother of two had been living in the neighbourhood since her father moved her and her five siblings to the housing estate in 1972.
Pensioner Serene Mak, 67, said the second attempt to buy over the neighbourhood was ridiculous as all the houses were freehold units.
“I built my own house and it is quite big. My unit is a 4,000 sq ft semi-detached house, which was built by my brother’s company.
“If there is any negotiation on acquisition, I believe that the price should be RM2,000 per sq ft because my house is located at the heart of JB. For the Chinese, we believe this area is like the ‘dragon’s head’ because it is at the entrance of major thoroughfare, Jalan Tebrau.”
Kim Teng Park residents’ association treasurer Wong Ngiam Cheng, 48, said the residents had exhausted all avenues after writing about their plight to Johor Baru member of parliament Akmal Nasrullah Mohd Nasir, Stulang assemblyman Andrew Chen Kah Eng, Prime Minister Tun Dr Mahathir Mohamad, Water, Land and Natural Resources Minister Datuk Dr A. Xavier Jayakumar and Johor Menteri Besar Datuk Dr Sahruddin Jamal.
Though they received responses from almost all of them, the issue is unresolved and continues to haunt them.
“We are seeking legal redress. Whether I accept an offer if my property is acquired, it will depend on that offer, which has not been made.”
Wong, who works as a network engineer in Singapore, said he had to consider the rate being offered by the government.
He said he bought his house for RM800,000 five years ago and he had spent another RM300,000 to renovate it.
S. Rajasingam, 70, said developers saw Kim Teng Park as a goldmine. He said a Chinese company had offered RM1,000 per sq ft to residents during the first acquisition attempt.
“However, China then put in place capital controls, which stopped that company from getting involved in that project.
“The RTS is going to come to this area, whether we like it or not. As an architect, I think it is ideal that the authorities want to turn this housing estate into a centralised transport hub.
“But whatever they plan to do, the authorities must inform us, the residents of Kim Teng Park, and negotiate a proper price if they want to acquire our homes,” said Rajasingam.
Velasamy, who is the former residents association chairman, concurred with his neighbour.
“The land where the RTS station will be built is said to be worth between RM800 million and RM900 million.
Kim Teng Park is right next to this plot of land, so by right, the value of land in this neighbourhood is greatly enhanced,” said Velasamy.
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After 2025, if our minister successfully amends the law, then Kim Teng Park will be...
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75% of 279 houses:
0.75
×
279
=
209.25
0.75×279=209.25
This rounds up to 210 houses.
Maximum number of houses that disagree: 69.
If 210 houses (75% of the total) agree to the acquisition, the remaining number of houses that disagree would be:
279−210
=69
279−210=69
So, if 210 houses agree to the redevelopment, then exactly 69 houses would be left that disagree.
This means that if the threshold for approval is 75%, the redevelopment will proceed, and the entire Kim Teng Park would be demolished despite the objections of the 69 houses that did not agree.
QUOTE
Any Housing Reconstruction or Redevelopment: Full Consent of All Owners Required
March 10, 2024
(Kuala Lumpur, March 9) The National House Buyers Association (HBA) has proposed an alternative to the 75% resident consent threshold, also known as "en-bloc" sales, for reconstruction projects to avoid depriving property owners of their assets.
The association issued a statement today, stating that any reconstruction, redevelopment, or renewal plan must receive the consent of all owners.
"Using any percentage vote as a consent threshold risks depriving some owners of their property. Furthermore, the so-called reconstruction law violates Article 13 of the Federal Constitution, and even if such a law were passed, it would not legalize it."
The association also emphasized that owners should have the freedom to decide on the redevelopment of their property without legal provisions allowing the majority and third parties to override the constitutional rights of minority owners who might not have living relatives or a voice in the matter.
The association pointed out that Malaysia already has a Land Acquisition Act, which includes procedures to ensure that the interests and opinions of all owners are considered during compulsory acquisition, not just those of the majority.
"Regular maintenance can extend the lifespan of properties. For example, renovating to protect, restore, or even repair dilapidated buildings can be more sustainable."
On December 12 last year, it was reported that the Minister of Housing and Local Government, Nga Kor Ming, indicated that the ministry proposed amending the law concerning the reconstruction of entire buildings, setting the consent threshold for sales to 75% of residents rather than the original 100% required for reconstruction.
------------------------------------
Zheng Jinlong: "City Redevelopment Act Harms Property Owners"
March 12, 2024
(Kuala Lumpur, 11th) The Malaysian Home Buyers Association (HBA) opposes the City Redevelopment Act (URA) which proposes changing the threshold for overall sales to 75% owner consent. They argue that this move represents a "regression" and infringes upon the property ownership rights as outlined in Article 13 of the Federal Constitution.
The association insists that any redevelopment, revitalization, or renewal plans for domestic properties should require 100% consent from all unit owners. They urge the government to avoid repeating past mistakes and to resist the influence of profit-driven developers, thereby safeguarding the rights of property owners nationwide.
HBA's Honorary Secretary Dato' Zheng Jinlong told the New Straits Times that the bill not only fails to advance progress but may actually represent a setback, potentially infringing upon property ownership rights protected by Article 13 of the Federal Constitution.
He stressed that implementing any consent threshold for overall sales unfairly deprives certain owners of their property rights.
Different consent thresholds proposed by industry insiders include:
90% for buildings less than 10 years old
80% for buildings 10 to 20 years old
75% for buildings over 20 years old
However, the Ministry of Housing and Local Government has suggested setting the overall sales threshold for city redevelopment at 75% to align with international standards, such as those in Singapore.
Zheng expressed concern over this proposal, emphasizing the association’s strong opposition to any consent threshold other than 100%.
"We are worried that the proposed redevelopment act might resurrect the controversial collective sale proposal from over a decade ago," he said.
He pointed out that the primary aim of the proposal is to enable developers to profit rather than to benefit homeowners or facilitate renovation.
Developers as the Only Beneficiaries
He emphasized that implementing a new overall sales law without obtaining consent from all owners could disrupt development projects and increase social unrest.
"Redevelopment projects would turn once-quiet residential areas into noisy environments, involving commercial transactions and fostering distrust and suspicion among neighbors."
He noted that a minority of homeowners would face difficulties and pressure as they would have to comply with the majority’s decision to sell their property for profit.
Zheng warned that when sellers and those wanting to stay disagree, it ultimately benefits the property developers and their agents, while residents face uncertainty and discord.
"Land and property acquisitions driven by commercial interests will persuade owners to sell their properties at market value. The new developments after demolition usually cost more than the original buildings."
He believes that such compulsory sales laws prioritize profits for the majority and disregard dissenting owners, effectively promoting aggressive land acquisition by developers.
March 10, 2024
(Kuala Lumpur, March 9) The National House Buyers Association (HBA) has proposed an alternative to the 75% resident consent threshold, also known as "en-bloc" sales, for reconstruction projects to avoid depriving property owners of their assets.
The association issued a statement today, stating that any reconstruction, redevelopment, or renewal plan must receive the consent of all owners.
"Using any percentage vote as a consent threshold risks depriving some owners of their property. Furthermore, the so-called reconstruction law violates Article 13 of the Federal Constitution, and even if such a law were passed, it would not legalize it."
The association also emphasized that owners should have the freedom to decide on the redevelopment of their property without legal provisions allowing the majority and third parties to override the constitutional rights of minority owners who might not have living relatives or a voice in the matter.
The association pointed out that Malaysia already has a Land Acquisition Act, which includes procedures to ensure that the interests and opinions of all owners are considered during compulsory acquisition, not just those of the majority.
"Regular maintenance can extend the lifespan of properties. For example, renovating to protect, restore, or even repair dilapidated buildings can be more sustainable."
On December 12 last year, it was reported that the Minister of Housing and Local Government, Nga Kor Ming, indicated that the ministry proposed amending the law concerning the reconstruction of entire buildings, setting the consent threshold for sales to 75% of residents rather than the original 100% required for reconstruction.
------------------------------------
Zheng Jinlong: "City Redevelopment Act Harms Property Owners"
March 12, 2024
(Kuala Lumpur, 11th) The Malaysian Home Buyers Association (HBA) opposes the City Redevelopment Act (URA) which proposes changing the threshold for overall sales to 75% owner consent. They argue that this move represents a "regression" and infringes upon the property ownership rights as outlined in Article 13 of the Federal Constitution.
The association insists that any redevelopment, revitalization, or renewal plans for domestic properties should require 100% consent from all unit owners. They urge the government to avoid repeating past mistakes and to resist the influence of profit-driven developers, thereby safeguarding the rights of property owners nationwide.
HBA's Honorary Secretary Dato' Zheng Jinlong told the New Straits Times that the bill not only fails to advance progress but may actually represent a setback, potentially infringing upon property ownership rights protected by Article 13 of the Federal Constitution.
He stressed that implementing any consent threshold for overall sales unfairly deprives certain owners of their property rights.
Different consent thresholds proposed by industry insiders include:
90% for buildings less than 10 years old
80% for buildings 10 to 20 years old
75% for buildings over 20 years old
However, the Ministry of Housing and Local Government has suggested setting the overall sales threshold for city redevelopment at 75% to align with international standards, such as those in Singapore.
Zheng expressed concern over this proposal, emphasizing the association’s strong opposition to any consent threshold other than 100%.
"We are worried that the proposed redevelopment act might resurrect the controversial collective sale proposal from over a decade ago," he said.
He pointed out that the primary aim of the proposal is to enable developers to profit rather than to benefit homeowners or facilitate renovation.
Developers as the Only Beneficiaries
He emphasized that implementing a new overall sales law without obtaining consent from all owners could disrupt development projects and increase social unrest.
"Redevelopment projects would turn once-quiet residential areas into noisy environments, involving commercial transactions and fostering distrust and suspicion among neighbors."
He noted that a minority of homeowners would face difficulties and pressure as they would have to comply with the majority’s decision to sell their property for profit.
Zheng warned that when sellers and those wanting to stay disagree, it ultimately benefits the property developers and their agents, while residents face uncertainty and discord.
"Land and property acquisitions driven by commercial interests will persuade owners to sell their properties at market value. The new developments after demolition usually cost more than the original buildings."
He believes that such compulsory sales laws prioritize profits for the majority and disregard dissenting owners, effectively promoting aggressive land acquisition by developers.
This post has been edited by plouffle0789: Jul 28 2024, 06:17 PM
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