-Dr. S. Ramakrishnan, Ex-Senator, July 21, 2017.

This is a classic case of the downtrodden and marginalized vs the rich and powerful, where even the executive and judiciary are taking the side of the latter.

NUPW, the union that supposedly represented estate workers, has betrayed their own union members, who left the plantations and came forward and took risk in supporting this GATCO scheme.

Background

Some 460 families, who came from estates all over Malaysia, had paid the initial deposit of RM7,600 for a one-acre land area for housing and 10 acres for sugar cane planting.

GATCO that is owned by the NUPW leased about 4,700 acres of land from the Negri Sembilan state government to cultivate sugar cane.

It was originally virgin jungle. Workers toiled the land and cleared the jungle to plant sugar cane as cash crop.

Due to its initial failure, the land was converted to a rubber plantation. The one-acre housing land was later mortgaged with MBSB and the workers have paid up the debt with MBSB.

But the 10-acre agriculture land was still under the GATCO.

Hardship

The settlers suffered severe hardship when converting a sugar cane plantation to a rubber plantation and underwent several difficulties by forgoing income for many years with the hope at point they will own the land.

In 1987, some 54 settlers approached GATCO for ownership of the 10-acre agricultural land.

Even though 10-acres were promised in 1978, it was later reduced in 1983 and GATCO only agreed to alienate 8 acres.

However, due to poor management and misuse of funds, this company went into liquidation in 1996.

The settlers were left in the lurch with nothing in their hand after all their hardship and struggle.

The final settlement of assets and liabilities of this defunct GATCO company was handed over to a receiver company.

Deposit returned

Meanwhile, in the 1990s, the settlers approached the then Mentri Besar Isa Mat Samad, S. Samy Velu, Rais Yatim, G. Palanivel, Present Mentri Besar Mohd Hassan and even the then state assemblyman but nobody lent a hand to resolve this land dispute.

All they could say was the matter was a private party dispute. And so, the government got the votes but failed to solve the land disputes.

In 2004, GATCO land was auctioned at RM 16 million and the settlers were the first to take up the offer and paid the mandatory deposit of RM32,0000.

But after a few days, the receiver returned the deposit and sold the land to a third party (Thamarai holdings Sdn Bhd) for an undisclosed amount. First Setback, to settlers

The settlers felt that their hopes were shattered, were short changed and let down by the authorities that vested to uphold justice and fairness.

In reality, this not a simple civil dispute between two private parties but between helpless settlers who paid for this promise and hope and the unfair authorities and powerful rich businessman who destroyed their hopes in this decisive moment. MIC has miserably failed to resolve this issue and let down the poor settlers.

After this development, about 100 settlers then approached lawyers to argue in courts that the sale of the land to Thamarai holding is illegal and therefore null and void.

No legal relief

The case was heard in the Kuala Lumpur high court. Around the year 2009, the case came to a conclusion with the court ordering the settlers to pay RM16 million immediately in one payment otherwise settlers would have no case. Second setback for settlers

On 28^th March 2012, the disappointed settlers decided to take up their case to the Negri Sembilan Mentri Besar’s office and staged a peaceful protest, hoping that the MB, after seeing the aged settlers struggling, would have a change of heart.

All the Mentri besar could say was that it was private dispute between two parties and therefore he could not interfere. Third setback

Another peaceful demo in front of Prime Minister Najib’s office was of no avail.  Fourth setback.

Thamarai holding wants to evict the settlers to take control over the land. Where are these settlers, who have suffered and struggled all these 40 years, to go?

After all these protracted struggles, Thamarai holding is willing to sell the land to the original settlers for RM 25,000 per acre, excluding the rubber trees.

Settlers estimate the rubber trees in the GATCO scheme are worth about RM 25 million.

Even in the worst case scenario, the settlers have equitable ownership over the land. They have cleared virgin jungle and planted rubber trees.

They have to be paid rent and compensation for all the past 40 years maintaining and tapping the rubber trees which is worth RM25 million now.

Thamarai holding should compensate the settlers for these trees. This kind of injustice can only happen to the deprived minorities under the Malaysia system of governance. MIC and the state government are known to be close to the Thamarai holding.