KUALA LUMPUR – More than 200 Musang King durian farmers will get a day in the appellate court on September 8 for their appeal against an eviction notice issued by the Pahang government.
The Court of Appeal will be hearing an application by the 204 farmers from Raub, who are challenging a high court ruling that saw their judicial review application dismissed.
Leave to appeal was granted on January 5, with the hearing set for July 21, but was vacated upon an application for postponement.
Additionally, the Court of Appeal granted an interim order prohibiting enforcement of the eviction by the authorities, allowing the farmers to continue cultivating their land.
The eviction notice was issued by the Pahang state authorities on December 21, with orders to vacate by January 4. However, the application for judicial review challenging the notice was dismissed by judge Zainal Azman Ab Aziz.
Among the reasons given were that such notices issued by a land administrator could not be reviewed by the courts, adding that the farmers were trespassers.
The judicial review application by the farmers saw the Raub district land administrator, Pahang Forestry Department director, Pahang state government, Pahang State Agricultural Corp, and Royal Pahang Durian Resources PKPP named as respondents.
Besides seeking a quashing of the eviction notice, the farmers are also challenging the state government's alleged decision to lease 2,167ha of land to Royal Pahang Durian.
Despite the interim order, the durian farmers alleged that the state authorities have violated the ruling by destroying 15,000 durian trees in Bukit Talam Forest Reserve on July 11. – The Vibes, July 23, 2021
