Malaysia

Bera Orang Asli villagers fail to back up ancestral land claim, firm says

Elite Agriculture says as holder of 99-year land lease, it has the right to carry out clearing works

Updated 5 years ago · Published on 13 Feb 2021 10:00AM

Bera Orang Asli villagers fail to back up ancestral land claim, firm says
Elite Agriculture says clearing works on a plot in Bera to make way for oil palm cultivation, planned since 2015, have been delayed by ‘disturbance’ from the Semelai tribe. – Wikipedia pic, February 13, 2021

KUALA LUMPUR – A company taking legal action to begin clearing works for oil palm cultivation on a 655ha land in Bera, Pahang, said it has been hindered by an Orang Asli community claiming rights over the area.

Elite Agriculture Sdn Bhd said it has received rights from Sri Jengka Sdn Bhd, the legal owner of the land, and those rights are stated on the land grant.

“As the holder of a lease to the land for 99 years, as registered, the company has the right to enter and perform clearing works.

“However, works that have been planned since 2015 failed because of disturbance from a group of Orang Asli settlers led by Hajemi Din, who claims to be the village chief in Kg Orang Asli Lubuk Perah,” said Elite Agriculture in a statement to The Vibes.

It said police reports were then lodged over the matter, as the obstacles put forth by the settlers continued to prevent the company from performing its job.

“The trespassers claim that it is the ancestral land of the Semelai tribe, inherited six generations, or over a century, ago.

“But, they have failed to show proof.”

Based on the reports attached to the company’s affidavit, the villagers in question are the Orang Asli residents of Kg Lubuk Perah.

The Vibes yesterday reported that the Orang Asli defendants’ affidavit-in-reply contains sworn statements by Hajemi.

“The defendants and their ancestors were born, raised and lived as an Orang Asli community on the 2,214ha land in Kg Lubuk Perah and the surrounding area for six generations, which is more than 100 years.”

Besides their claim that they have customary rights to the land in question, the defendants also said they have the right to roam the area freely without disturbance by other parties.

Hajemi said the Semelai living in the area are recognised by the Orang Asli Development Department, and that his appointment as village head is stated in a letter.

However, Elite Agriculture denies the settlers’ claims, stressing that their village is outside the boundaries of the land concerned.

It added that its clearing works will not disturb the tribe’s life and activities.

“The company has taken court action to prevent disturbance by the settlers.

“The company initiated this process through an originating summons on October 9, 2020 at the Temerloh High Court through law firm Ram Reza & Muhammad,” it said, adding that it expects a ruling by Tuesday. – The Vibes, February 13, 2021

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