By JERIT (via e-mail)
Regarding the Kampung Berembang demolitions, the eviction carried out as far as we are concerned is illegal because:
1) The law applied the Emergency Ordinance in clearance of squatter is an emergency law for emergency period only.
2) The private owner should use the courts to get a vacant possession; normally it is done through Order 89 of the High Court Rules.
3) In this case it is our believe that the close link between the Developer and the State Government- they have used the local authority - MPAJ to carry out the eviction under the Ordinance
4) Even if we accept the Emergency Ordinance as a legal law, the eviction can only be done based on public interest. I pnly see private interest in this case
5) The case is coming up in April 2007, therefore to wait for the court to exhaust the legal aveneu is in accordance with Natural justice.
6) All these years, the people have been giving water and electricity by the government. This is clear indication that there is element of consent.
7) Besides that, they have developed the land which means they have equity rights as well
8) Most people before building a settlement have been given consent to so by the local politician/government with a promise that they would get a permanent lot there
By S. Arutchelvan,
Jerit
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