KUALA LUMPUR – The century-old Sakyamuni Cave Monastery is a Buddhist temple located along the foothills of Gunung Kanthan in Perak, which is half a billion years old.
In addition to playing host to three other temples, Gunung Kanthan also provides an ecosystem to various endemic species, such as the bent-toed gecko and trapdoor spider.
However, all of this may change due to an Order 89 application filed by Associated Pan Malaysia Cement Bhd (APMC) at the Ipoh High Court on January 29.
An Order 89 application allows a landowner to evict trespassers with an order of the court.
According to the company’s initial originating summons, it is seeking repossession of a plot of land known as Lot No. 46497 at Hulu Kinta subdistrict – where the temples and Gunung Kanthan is located.
Its affidavit – sworn by plant manager Sekar Kalianan – said APMC owns a lease to Lot No. 46497 for performing quarrying activities.
However, APMC representatives found “structures” surrounded by fences on the land during a site inspection.
“The plaintiff is unaware as to when these structures were built and who their inhabitants are. I strongly believe that the inhabitants have no ownership to the land, or any right to inhabit the land in any way whatsoever,” said the affidavit.
“The inhabitants are occupying the land without approval from the plaintiff.”
The company also stated that the quarrying activities it intends to perform around these structures include digging and blasting rocks.
Various protocols must be observed before such activities can take place, it added, and the inhabitants will be exposed to serious risks.
Although the Sakyamuni Cave Monastery was not specifically named in the affidavit or Order 89 application, the temple’s lawyer, Lee Jia Mian, confirmed it is indeed one of the inhabitants of the land.
“An Order 89 application is usually initiated when the plaintiff does not know the identity of the other party.
“But during case management this month, we were already present. In fact, we will be filing an application to be named in the suit next month.
“Until that application is heard, the court can’t deal with the Order 89 application to evict,” Lee told The Vibes.
Not the first eviction attempt
A monastery spokesman said the temple is not the only worship site located on the historic limestone mountain.
The Kallumalai Arulmigu Subramaniyar Temple, Wong Tai Sin Temple, and Yellow Temple can also be found along the base of Gunung Kanthan, and are at risk should the Order 89 application prove successful in court.
But this is not the first time that monks and worshippers are at risk of being evicted.
In a Sakyamuni Cave Monastery press release last month, abbot Reverend Chiong said in 2013, Lafarge informed the temple that monks must evacuate the area for two hours a day due to rock blasting activities.
Lafarge, a majority shareholder of APMC, was acquired by YTL Cement in 2019.
However, now they have gone against their word and are demanding a complete eviction from the area,” said the abbot.
“The monastery is located in Zone C of Gunung Kanthan. It has been a custodian of the mountain for decades.”
Since 1997, APMC had informed the monastery that it is allowed to remain and practise Buddhism peacefully at Gunung Kanthan.
The monastery’s right to practise freely for at least another 50 years was also reaffirmed by the Lafarge plant operations director in 2009.
Lawyers reluctant to face APMC
On March 9, during a hearing for APMC’s Order 89 application, Buddhist monks and devotees appeared at the Ipoh High Court seeking support to prevent the cement giant from destroying what they consider a national and spiritual heritage site.
However, the monastery was not able to raise sufficient funds for a lawyer.
To make things worse, it said lawyers are reluctant to take up the case upon finding out they will have to face APMC.
“It was a huge relief for the monastery when pro bono lawyers stepped in at the last minute during case management on May 17,” read a statement by the monastery dated May 17.
“However, the lawyer representing APMC was not present. The Ipoh High Court registrar has scheduled the next case management on June 16.” – The Vibes, May 31, 2021
Additional reporting by Saktesh Subramaniam
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