PUTRAJAYA, Aug 21 (Bernama) -- The Federal Court on Friday stood by its
June 24 decision that the Buah Pala residents must vacate their homes
and hand over the property to the developer who had obtained approval
to redevelop the area.
The residents' second application for leave to appeal was unanimously
dismissed with costs by Chief Judge of Malaya Tan Sri Arifin Zakaria,
Federal Court Judge Datuk Zulkefli Ahmad Makinudin and Court of Appeal
Judge Datuk Raus Md Raus.
The 45 families had sought leave to appeal against the Court of
Appeal's ruling last May 11 that the residents were trespassers on the
settlement and order that they vacate the land.
The respondents -- Koperasi Pegawai Kerajaan Negeri Pulau Pinang
Berhad, developer Nusmetro Venture (P) Sdn Bhd and Pentadbir Tanah
Daerah Timur Laut Pulau Pinang -- argued that Friday's application was
a duplication of the first leave application and was an abuse of the
court process because it was a re-litigation of the same issues which
had already been argued and was decided upon by the Federal Court on
Arifin ruled that the question which the residents wanted the
Federal Court to determine -- whether they have the locus standi (legal
standing) to institute legal proceedings against the cooperative and
the developer -- could not be raised at the apex court because that
issue was never raised at the lower courts.
On the issue of indefeasibility of the title of the land, Arifin
said the Court of Appeal had ruled that the alienation to the
cooperative was proper and legal.
He said the residents could have raised the title issue before the previous Federal Court panel but had failed to do so.
"Therefore, they cannot raise it now," Arifin said.
The village sits on 2.6ha of prime land in the heart of the
rapidly developing eastern part of George Town and demolition works
have been rescheduled to Sept 1 after a series of protests by the