KUALA LUMPUR – An inappropriate application of court procedure may be the reason Associated Pan Malayan Cement (APMC) lost its eviction case against the Sakyamuni Cave Monastery in Gunung Kanthan, Perak.
According to a document shared by the monastery, summarising key points of the judgement delivered last October, the plaintiff (APMC) failed to comply with procedures laid down in Order 89 of the Rules of Court 2012, which pertains to the eviction of squatters.
Under Order 89 Rule 3, a plaintiff, when filing an eviction notice, must also provide an affidavit which, among other things, states that they do not know the names of those occupying the land in question.
“The plaintiff knew the third defendant and was communicating with him about the monastery.
“Yet in its application, the plaintiff described the first defendant as the unidentified occupants occupying the said land,” said the judgement summary shared by the monastery.
Additionally, it would have been wrong to label the monastery as a squatter, given they had obtained consent to occupy the land.
According to the summary, there was ample evidence that APMC had complete knowledge of the monastery’s presence in Gunung Kanthan.
“Moreover, there was continued implied consent and assurance by the plaintiff regarding the occupation by the defendants in the caves of Gunung Kanthan,” the summary said.
Further, the Perak government, which was aware of the monastery’s occupation of the land, had made clear there should be no limestone rock blasting in the vicinity of the temple.
“Although the state authority had leased the said land to the plaintiff, there is an implied condition that the cave temples, including the monastery, must be protected and preserved.
“The court rules that the defendants are occupiers with consent, be it expressed or implied, but they are certainly not squatters simpliciter,” the summary added.
On May 31, 2021, The Vibes had reported that APMC sought to remove the monastery from Gunung Kanthan following the filing of an eviction notice at the Ipoh High Court in January of that year.
APMC stated in the affidavit 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. – The Vibes, June 28, 2023
