THE Federal Territories minister had some reassuring words for Kampung Baru residents in his interview with the New Sunday Times (Oct 20).
Khalid Abdul Samad said: “They (the Kampung Baru residents) have the right to decide. We will not acquire their land if they don’t agree (with the price)”.
His reply surprised me, as all along past media reports on the Kampung Baru redevelopment produced the inference that if the residents refused to accept the government’s offer to purchase their land at RM850 per sq ft, it would be compulsorily acquired under the Land Acquisition Act 1960.
In the interview, Khalid maintained that the redevelopment of Kampung Baru is a “viable project” and certainly not a “high-risk” venture. It would not be fully completed in a year but “over a period of years”.
He added: “If the majority of the land owners do not want it, we will wait for the next generation.” On his part, he would continue to “discuss and convince” the residents to go ahead with the project.
On Oct 14, I accompanied Pertama (Pertubuhan Profesional Tanah Malaysia) president Prof Dr Ismail Omar to an informal briefing at a surau in Kampung Baru. Some 40 residents attended, posing questions to us and seeking clarification on several issues.
What many may have forgotten is that Kampung Baru and its residents are subject to three sets of written laws. The area was gazetted as a Malay Agricultural Settlement (MAS) in 1900, comprising seven villages totalling 223 acres. That was the original MAS area, to which later was added another 84 acres — Outer MAS area — covering Raja Bot Village, Perbadanan Kemajuan Negeri Selangor (PKNS) Flat, Pasar Minggu/Weekly Market, Kampong Bharu Flat), making it a total of 307 acres (123 hectares).
According to researchers Halimaton Saadiah and Nik Mohd Ruiz Razy, the history of Kampung Baru began with the gazetting of the MAS area by the Selangor government under section 6 of the Land Rules 1897, placing the village under the administration of the MAS Board.
In 1975, Kuala Lumpur City Hall prepared a development plan for the area but it was not implemented. In 1985, it came up with another proposal with a rolling fund of RM5 million. That proposal, too, was unsuccessful.
In 1991, the government instructed City Hall to take over a part of Kampung Baru for comprehensive development. This again proved unsuccessful. Finally in 2012, the Kampung Baru Development Corporation (KBDC) was established for the comprehensive development of Kampung Baru. In 2015, the Kampung Baru Comprehensive Development Plan 2035 was launched.
As a result, Kampung Baru now has three authorities (“Custodians”) — the MAS Board, City Hall and KBDC.
The MAS Board derives its powers from the Malay Agricultural Settlement (Kuala Lumpur) Rules 1951, gazetted on Jan 18, 1951. The Rules provide for the occupation and management of the settlement. Board members were appointed by the Selangor menteri besar. The Rules were complemented by a by-law, formalising the establishment of the board and its functions.
Under the Federal Territory (Planning) Act 1982 (Act 267), City Hall is empowered to prepare and implement development plans (local plans or structure plans) covering Kampung Baru, including any proposal to change the use of land or the subdivision or amalgamation of land.
KBDC was established under the Kampung Baru Development Corporation Act 2011 (Act 733). Its long title states that it is “An Act to establish the Kampung Baru Development Corporation, to make provisions relating to the development of Kampung Baru, and to provide for consequential and incidental matters”. The membership of the corporation includes five persons nominated from among the Kampung Baru residents (section 5(1)(g)).
The corporation’s functions are set out in detail in section 14, which include implementing policies, directions and strategies in accordance with plans prepared under Act 733 and to act as a “principal co-ordinating body” in relation to the development, redevelopment or improvement of Kampung Baru.
While the powers of the corporation seem to have overlapped or overshadowed those of the MAS Board, neither Act 267 nor Act 733 has expressly repealed the 1951 Rules and By-Law, nor revoked the powers of the MAS Board.
Consequently, Kampung Baru residents now have “three authorities” managing and controlling their lives. The researchers have correctly concluded that the MAS Board has general powers, City Hall has specific local government powers, and KBDC has specific development powers.
Unless these three legal entities can work together in sync, focusing solely on the interest and welfare of the Kampung Baru residents, and not engage in any “battle of jurisdictions”, the dream of building a 21st-century Kampung Baru will not become a reality.
The writer, a former federal counsel at the Attorney-General’s Chambers, is deputy chairman of Kuala Lumpur Foundation to Criminalise War
The views expressed in this article are the author’s own and do not necessarily reflect those of the New Straits Times