Malaysia

Century-old Sakyamuni monastery not squatting, says judgement summary

In eviction case, court points out that plaintiff failed to comply with legal procedures

Updated 3 years ago · Published on 28 Jun 2023 1:42PM

Century-old Sakyamuni monastery not squatting, says judgement summary
The Sakyamuni Cave Monastery is located in Zone C of Gunung Kanthan and has been a custodian of the mountain for decades. – Butterfly Yap pic, May 31, 2021

by Arjun Mohanakrishnan

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.

The Gunung Kanthan limestone hill, where Gua Kanthan is located, and which was at the centre of a dispute between Associated Pan Malaysia Cement and the Sakyamuni Caves Monastery. – cavinglizsea.blogspot.com pic, June 28, 2023
The Gunung Kanthan limestone hill, where Gua Kanthan is located, and which was at the centre of a dispute between Associated Pan Malaysia Cement and the Sakyamuni Caves Monastery. – cavinglizsea.blogspot.com pic, June 28, 2023

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

Related News

Malaysia / 3y

Sakyamuni monastery to stay, court rules against eviction

Malaysia / 4y

Perak govt revokes cave temples’ eviction notices

Malaysia / 4y

Two Chinese temples in Perak seek to revoke eviction notices

Malaysia / 4y

Sakyamuni Cave Monastery awaits court decision on eviction

Malaysia / 5y

Gunung Kanthan monastery eviction case slowed by NRP restrictions

Malaysia / 5y

For or against temples on limestone hills? It’s delicate environmental issue, say experts

Spotlight

Malaysia

After Johor, the uncomfortable question for Anwar’s critics: Were we too impatient?

By The Vibes Says

Malaysia

Network School's business licences revoked, to cease operations tomorrow

Opinion

Orang Asli in Pahang: Token gestures or genuine recognition?

Malaysia

Tuition teacher sentenced to 105 years in prison and 70 lashes for raping daughter

Malaysia

Azam Baki denies involvement in RM178.29 million contract linked to brother’s company

Malaysia

Aminuddin urges NS voters to weigh manifesto promising benefits for M40 and B40 groups

Malaysia

No need to resign, PM has absolute power if there is doubt – Ahmad Zahid

World

Gaza’s water crisis deepens as families face thirst, disease and collapsing sanitation systems

You may be interested

Malaysia

Immigration tracks 19 Network School foreign nationals who 'vanished' from official records

Malaysia

Pemudah tightens action against illegal foreign business activities

Malaysia

Voters place greater emphasis on government performance than traditional political assumptions - INSAP

Malaysia

PH banks on Negeri Sembilan development record as campaign heats up

Malaysia

No need to resign, PM has absolute power if there is doubt – Ahmad Zahid

Malaysia

Man killed in hit-and-run crash while installing party flags in Rantau

Malaysia

KWAP’s eFishery loss triggers governance review as Anwar backs full investigation

Malaysia

Good governance and political stability are essential for national prosperity, says Perak Ruler