Local Being Sued for Building House on Farmland

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Kandarawaddy Times

It commanded the state government will sue the case of building house on farmland to Daw Sue Myar who is from Ngwaydaung Ywar Tic Village, Htee Paw Hso Village-tract, Hpruso Township, if she fails to pay the court-ordered fine.

Daw Sue Myar said the state government commanded her to pay the fine for not applying the farmland to use as housing land, and it does not work although she appealed the state government to be lenient since she could not effort to pay the whole charged amount.

“The court summoned me. I am really depressed. It has been already three four times. It is worse in the court since I could not speak Burmese well. They commanded me to pay the fine. And they didn’t accept with my appeal that I could only pay one or two hundred thousand and please reduce me from the total charged amount; nine hundred thousand. So, they asked me to pay full amount; nine hundred thousand. Since I could not communicate through Burmese at court, I have to rent interpreter to help me.

She also said the other farmers who have Land Use Certificate Form (7) also did not know that they cannot build house according to the rules and laws of land use certificate.

The State Government fined 9 hundred thousand for the violation of 2012 land law as the resident built the house on farmland since 2013.
It said the violent resident will be sued and the house can even be destroyed as consequence if she does not pay the fine.

Daw Sue Myar said the current house-built land, however, is village land, and she has paid (75000) kyats to Hpruso Township General Administration Office to receive the land use certificate form (7) as they said they will arrange for it in accordance with farmland law.

The Chairperson of Karenni Farmer Union, Khu Tuu Reh, said it is unfair to pay the fine since the farmers do not understand the 2012 farmland law and do not apply the land use.

“The farmers do not understand this law; they really don’t understand it. So, in their concept, it is our land, our village land, and we can live freely on this land. This concept bear in their mind. Thus, they built house.” he said.

It said it does not work in ethnic regions although it specifically mentioned the person will be sued if he or she does not comply with 2012 farmland law.

“In our ethnic region, if they said they will do this or that when someone commit something, all our ethnic people will have to go to jail. Because the population increases as it is the village land. Since the population increases, we need more land and the residential land also increase.” said Khu Tu Reh.

The MP of Hpruso Township Constituency No. (2), U Theh Reh, said he submitted the issue with no star marked question to State Government on May 15, and we have known they (the state government) will reply back by May 22.

“I already submitted it to State Government with no star marked question. I explained them the case and its process as well.” said U Theh Reh.

U Theh Reh explained that only the farmers will be suffered even if it is done legally since the farmers do not have the rights to prosecute although there are mistakes done by the staff of Land Record Department, and only the farmers will be suffered if the Department of Agriculture Land Management and Statistics complete their job within a month to meet with the target of project by delivering the land use certificate form (7) without checking the ordinary farmers’ farmland carefully since the government staffs have to manage their activity in accordance to meet with the countrywide project after the 2012 farmland law is enacted.

U Theh Reh gave his evaluation that the Land Record Department should not give the form (7) actually, and they have more responsibility or guilt than farmers since they are the ones who made decision, and since the villagers themselves do not know about form (7) and no idea which land area is farmland or village land as they have made their living there for many years.

The current prosecuted woman, Daw Sue Myar, is a widow and all her children are growth.

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