KUANTAN – The high court here today dismissed the application by 204 Musang King durian farmers in Raub for a judicial review against the land eviction notice issued to them by the state government.
Judge Datuk Zainal Azman Ab Aziz made the decision, with only those involved allowed in the courtroom to adhere to the physical distancing rule.
Speaking to the media after the proceeding, lawyer Siew Choon Jern, representing all the plaintiffs, said the court gave two reasons for dismissing the application, with the first being the fact that the farmers should not have applied for a judicial review, as the eviction notice issued by a land administrator is not something that could be reviewed in court.
“Besides that, the court also found that the farmers were trespassers on the land. As trespassers, they do not have locus standi to file this application for judicial review.”
Siew said the court had ordered the plaintiffs to pay cost of RM10,000 to the Attorney-General’s Chambers.
On whether the plaintiffs will file an appeal against the decision or the eviction notice issued by the land administrator, Siew said he will meet with the plaintiffs to discuss the matter.
The 204 farmers filed the application to obtain permission for a judicial review against a state government order for them to vacate their farms in various areas in Raub, including in Sg Ruan, Sg Chalit and Sg Klau, measuring about 2,167ha.
Of the total, 110 filed the application on August 28, while the remaining filed it on September 9, naming six respondents, all of whom were represented by senior federal counsel Noor Fadzilla Ishak.
Apart from the order to vacate the land under the National Land Code 1965 and the National Forestry Act 1984, the applicants also want to obtain a judicial review on the state government’s decision to allegedly give lease and farmland use right to about 2,167ha to Royal Pahang Durian Resources PKPP Sdn Bhd.
The applicants also want a review on the decision to sub-lease the land involved to them, and the mandatory requirement to sell durians to a single entity nominated by Royal Pahang Durian Resources. – Bernama, December 23, 2020
