Malaysia

Court battle between Bera Orang Asli, land-clearing firm continues

Kg Lubuk Perah chief seeks declaration villagers own customary rights to 809ha plot

Updated 5 years ago · Published on 24 Feb 2021 4:00PM

Court battle between Bera Orang Asli, land-clearing firm continues
(From left) Sri Jengka director Abdul Ghani Abdullah, Hulu Bernam rep Datuk Rosni Zahari, Elite Agriculture’s lawyer Nor Hisham, and Sri Jengka director Abdul Rahman Ahmad. Elite Agriculture has won the right to clear land in Bera, Pahang, and plans to re-enter the area soon. – ARJUN MOHANAKRISHNAN/The Vibes pic, February 24, 2021

by Arjun Mohanakrishnan

KUALA LUMPUR – Although Elite Agriculture Sdn Bhd on February 16 won the right to clear land in Bera, Pahang, it now faces a new obstacle after Kg Lubuk Perah chief Hajemi Din filed a fresh action in court.

Hajemi and two plaintiffs are seeking a declaration from the Temerloh High Court that the Orang Asli own customary rights to the 809ha land.

In a writ filed on February 5, Hajemi named landowner Sri Jengka Sdn Bhd, Elite Agriculture, the state Land Department, the state government, the director-general of the state Orang Asli Development Department, and the federal government.

Hulu Bernam assemblyman Datuk Rosni Zahari today said Sri Jengka received rights to the land in March 2013.

Rosni is also a director of Warisan Jengka Sdn Bhd, which, along with the state government, owns Sri Jengka shares.

Through direct negotiations, Elite Agriculture was appointed to clear the land for oil palm cultivation.

Checks by The Vibes found that Majlis Amanah Rakyat also owns 75,000 shares in Sri Jengka.

“We appointed Elite Agriculture because they have experience in the industry,” said Rosni.

“We have also tried entering the land since 2013, but we were obstructed by the villagers. Work on the land has been unable to be conducted since then, which means we lost the chance to get revenue.”

If the land given to Sri Jengka had issues such as customary rights, she said, it would not have been granted to the company.

She said the land earmarked for oil palm cultivation is more than 1km from Kg Lubuk Perah.

Elite Agriculture’s lawyer, Izharul Effendy, said the company is planning to re-enter the land soon, following the permission granted by the court.

“Before we do that, it must be done with the court bailiff and police. So, maybe in one week’s time, we will re-enter the area.”

Asked if company workers are expecting more obstruction, he said it is possible. – The Vibes, February 24, 2021

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