RESIDENTS of Taman Kim Teng, one of the oldest residential estates in Johor Baru, fought and stopped the previous Barisan Nasional administration from taking over their homes.

They accused the then BN state government of attempting a “land grab” for a private developer who wanted their land at bargain-basement prices.

What they did not expect was that the new Pakatan Harapan government, elected on the promises of breaking away from the practices of the past, would attempt to do the same less than one year after it won the general election.

The residents, many of them retirees and pensioners, said PH is using the same tactics as its predecessor by using the Land Acquisition Act 1960 to take over the neighbourhood, which has 280 houses.

Most in the community, some of whom are in their 80s and 90s, have nowhere to go and are now hoping that their new assemblyman and other representatives from PH will take up their case against the Johor government.

So far, their pleas to Menteri Besar Osman Sapian have been ignored. The menteri besar’s office has not responded to requests for comment.

There are also scant details about why their land is being acquired as the residents assume that the act is used only when Johor needs to acquire private land for public infrastructure projects.

Neither the state government nor the developer has met the residents to explain the takeover.

Johor Baru MP Akmal Nasir and Stulang assemblyman Andrew Chen have promised to take their plight to the state government and get the administration to negotiate with residents before any land is acquired.

“We can’t believe that this (PH) government is doing this,” said Taman Kim Teng residents’ association chairman Daniel Lokman Hakim.

“We expected a different state government that would conduct themselves differently, but it seems this government does not walk its talk,” said Daniel, who has been living in Taman Kim Teng since 1965.

He said: “60% of the houses in this area are retirement homes for their owners. The temple, the mosque, the hospital is close by. If the government takes over, they would be essentially throwing these people out on to the streets.”

Land grab

The first time the state attempted to take over the neighbourhood, which consists of about 11ha, was in 2015. The residents, who all have freehold titles, were only told that the state was acquiring it for “redevelopment purposes”.

“The reason was vague. There was nothing about what the government planned to do with the land or if it was needed for a road or hospital,” said Daniel.

Invoking the Land Acquisition Act 1960, Johor tried to take over the privately owned land and compensate its owners. According to Akmal, the law is typically used to acquire private land for public interest infrastructure.

But in Taman Kim Teng’s case as well as other instances, like the Majidi army camp in Johor Baru and the Sg Besi air force base in Kuala Lumpur, the government takes over land and gives it to private developers who then use it for commercial reasons, said Akmal.

In 2015, Taman Kim Teng’s residents objected, organised themselves and petitioned their case to then Johor Baru MP Shahrir Samad.

“Shahrir managed to dissuade the state government from pursuing its aims. In 2016, the gazette to acquire the land was removed,” said Daniel.

But in January this year, residents had learned from sources with the land office that Osman re-signed a gazette to reacquire the land.

At a town hall meeting on March 3, the residents decided to fight this new takeover attempt.

Chen, the rep whose constituency includes the community, said he is taking up the case to the state government and the menteri besar.

Akmal, the Johor Baru MP, said he will bring the case to both Johor and Parliament since the acquisition concerns a federal act.

“There are two options for the state. Either cancel the plan or proceed but don’t take over the land until you consult the residents and negotiate.”

The act, he said, needs to be amended to require the government to first consult land owners on any acquisition, he said. Currently state of the federal government does not need to justify the takeover or consult property owners.

“To call (Kim Teng’s) case a land grab is a fair comment by the residents. They were not consulted over the acquisition and this something that is happening everywhere.” – March 10, 2019.