Step in now to give 'new and better deal' for Kampung Sungai Baru folks, Putrajaya told

Residents of Kampung Sungai Baru in Kuala Lumpur, who are currently in a stand-off with government-backed developers seeking their eviction, have called on Prime Minister Anwar Ibrahim's administration to own up to its mistakes in taking over their land and use its powers to negotiate a "new and better deal".

N Surendran, the legal adviser of the Kampung Sungai Baru Residents' Rights Committee which has been at the forefront of protests against the authorities and developers for several years, said the government's intervention was the only way to resolve the impasse, adding that the residents were victims of forcible land acquisition, poor governance and the government's own actions.

"The federal government has both a legal and moral duty to find a solution," said Surendran who is also part of rights group Lawyers for Liberty, which has backed residents' claim that the area is part of the Malay Reserve Land due to its status as a Malay Agricultural Settlement (MAS) dating back to colonial times.

Surendran again reminded the government that invoking the Land Acquisition Act 1960 was unlawful, adding that Putrajaya can now redeem itself by taking corrective measures, starting with recognising the MAS status of Kampung Sungai Baru.

"This acknowledgement is crucial in moving forward to resolve the matter. The determination of the status of the land in turn determines the means and methods which would then be available to the Government to achieve a solution," he said, adding that the MAS status of Kampung Sungai Baru was supported by "unchallenged historical and documentary evidence".

He cited a document issued by the British Resident of Selangor which clearly identifies Kampung Sungai Baru as part of MAS.

"It includes the whole of Kampung Sungai Baru and is described accurately as 'the right bank of Klang River downstream to the southernmost corner of allotment 401, allotment 43 and 57, the right bank of Klang River downstream and Campbell Road'," he said, referring to Gazette No 1550 dated Feb 16, 1932.

He said the land titles issued to the residents were incorrectly shown as a 99-year leasehold, adding that this error meant the entire acquisition process was null and void.

He said the area remained a Malay Reserved Land as the status had not been cancelled by a two-thirds resolution in Parliament or through a revocation filed with the land office.

"Under Article 13 (1) of the Federal Constitution, deprivation of property must be done strictly ‘in accordance with law’. The acquisition process in Kampung Sungai Baru was not in accordance with law as the acquisition was on the wrong basis that it is leasehold land."

Kampung Sungai Baru entered the spotlight due to the impasse between the developer and the residents who have refused to relocate.

Landowners have declined the compensation offered by the developer and are opposing the government's use of the Land Acquisition Act 1960 for the development of the area under the Kampong Bharu Development Corporation.

They also disagree with the amount of compensation offered, saying it is not in line with market prices given that the area is just minutes away from the Golden Triangle and KLCC – some of the most developed areas in the capital city with a property value of more than RM1,000 per sq ft.

Surendran also reiterated the right of residents to get better replacement houses and compensation at market value fitting the area's location in the city centre.

He suggested that Putrajaya could appoint government agencies such as the State Development Corporation of Selangor (PKNS), which was the master title holder before the transfer to the developer of the strata title homes in Kampung Sungai Baru, to take over the development project should negotiations with the current developer fail.

"We hereby call upon the federal government, in light of these facts, to discharge their duty by intervening immediately with all the resources at their disposal to negotiate a new and better deal for Kampung Sungai Baru."