KUALA LUMPUR – The Court of Appeal has decided that a judicial review application by 204 Raub durian farmers will be heard at the Kuantan High Court.
Save Musang King Alliance (Samka) spokesman Wong Yan Ke said the application will be resubmitted to the high court for hearing.
He said the interim order preventing Pahang authorities from evicting the farmers still stands.
In a video shared by Samka, the farmers’ lawyer Siew Choon Jern confirmed the matter.
“The Court of Appeal has set aside the high court’s decision to dismiss the initial judicial review application.
“Leave was granted for the judicial review, as well as a stay order (prohibiting the enforcement of the eviction order) until the hearing of the judicial review.
“The matter has been remitted to the high court for case management on September 22.”
On December 23 last year, the Kuantan High Court dismissed the judicial review bid by the farmers challenging a land eviction notice from the state government.
Judge Datuk Zainal Azman Ab Aziz dismissed the application as the eviction notice was issued by the land administrator, which could not be challenged by the court, and given that the farmers were trespassers, they had no locus standi.
The farmers were granted leave to appeal at the Court of Appeal on January 5, with the hearing set for July 21, but this was vacated after an application to postpone.
The eviction notice was issued by Pahang authorities on December 21, with orders to vacate by January 4.
Besides seeking the 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 Produce Sdn Bhd.
Despite the interim order, the farmers said state authorities violated the ruling by destroying 15,000 durian trees in the Bukit Talam forest reserve on July 11. – The Vibes, September 8, 2021
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