There's something wrong with land acquisition, ostensibly carried out with public interests in mind, if the terms of the transfer are being dictated upon the original land owners without due regard for their welfare and future.

According to the Human Rights Commission of Malaysia (Suhakam), this is especially true if the only alternative spelled out by state officials to the villagers of Kg Dato Murad and Kg Tok Bidan in Kedah, unhappy with the terms of compensation 'offered' to them, is take it or leave it.

These were among the concerns expressed by Suhakam commissioner Prof Hamdan Adnan when describing the actions of AlBukhary Foundation and the state land and mines department (PTG).

Hamdan, who heads Suhakam's complaints and inquiries working group, had recently returned from meeting with all three parties in Alor Malai, Kedah, where the two villages are situated.

The meeting was part of efforts to reconcile the aims of the foundation, which plans to acquire the villagers' land to build a RM250 million complex as an extension of the Albukhary Higher Education Institute, with the villagers' concerns that they would be poorly compensated.

Hamdan said Suhakam will be consulting with the Attorney-General's office to discuss the possible violation of human and legal rights in the planned land seizure, especially when the 'unreasonable' terms had been dictated upon the villagers with no other recourse but the courts.

"'We decide the quantum. If you don't like it, go to court, lah!'. That's what the state and foundation officials told us, me and the villagers. Is that heartless or what?" said Hamdan when contacted yesterday.

"How can it be in the public interests when the local villagers are being kicked off of their own land? These villagers are, furthermore, just petty traders earning meager incomes. It's a victimisation of these people," said Hamdan.

The AG's office will also be consulted regarding possible amendments to the 1960 Land Acquisition Act to address incidences where people's constitutional rights to own land are summarily overridden by state authorities, he added.

"We will approach the AG's office to determine whether the actions of the PTG is ultra-virus the Federal Constitution.

"The state and foundation officials keep saying they're abiding by the laws. It's the law, it's the law, they keep parroting. (But) it looks like the human rights of these villagers have been trampled upon where they have no security of land ownership," he added.

Lower than market price

The foundation, belonging to business tycoon Syed Mokhtar AlBukhary, fully sponsors all 150 students hailing from more than 30 poor Muslim countries who are currently studying at the institute.

According to lawyers for the villagers, a private surveyor appointed by the foundation had in February placed the value of Datuk Murad and Tok Bidan, together measuring 3.5 acres, at RM14.70 per square foot, lower than the going market price of RM20 per square foot.

Following appeals to the PTG and its appointment of another surveyor, the foundation had succeeded in reducing the quantum to RM7.50 per square foot.

RM7.50 was, therefore, the offer quoted in the 'H Forms' issued on March 20 to the villagers, in accordance with regulations under the Land Acquisition Act (1960) as well as in the PTG acquisition notice issued a few days later to a village representative.

According to the villagers of Tok Bidan, the total compensation of RM573,255 would be inadequate for the resettlement of the village's 32 families to the proposed relocation site of Mentaloon.

The villagers of Kampung Dato Murad and neighbouring areas were offered similar terms.

Hamdan also recounted seeing aluminum fences built by developers for the foundation around the villages which, in some instances, blocked direct access to some points outside the area, such as the local mosque.

"We will also write to the relevant authorities, such as the local municipal council, on the issue of these access roads being blocked. The villagers complained that their children cannot even take the normal route to the mosque anymore as it has been blocked," said Hamdan.

Higher land value

Defending the villagers' demands to renegotiate the quantum offered by the foundation, Hamdan said the status of some plots of land as 'agricultural' could not by itself justify the low sum offered by the PTG.

"Yes, some of the land is agricultural. But it's right in the middle of town, where the land value is much higher," he said.

Hamdan also dismissed the PTG and foundation officials' appeals to the villagers to concede by viewing the acquisition as wakaf (religious land endowment), as it looked suspiciously like the taking merely of "private land to be given to a private developer," he said.

"How can this be wakaf? Wakaf must be voluntary. This is not voluntary," he said.

The villagers, who had on May 5 filed an appeal to the Alor Setar High Court through the PTG to delay the foundation's acquisition of their land and for a review of the quantum, seek to postpone the June 15 date which was set for a 'public meeting' to discuss the matter further with officials.

"They are hoping to stave off the acquisition until December by which time they can (more thoroughly) negotiate for better terms," said Hamdan.