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KUANTAN: The High Court has dismissed the application of 204 farmers from durian Musang King in Raub for a judicial review against the notice of eviction of land issued by the state government.
Judge Zainal Azman Ab Aziz made the decision in today’s proceedings and only those involved allowed in the courtroom to comply with the rule of physical distancing.
Speaking to the media after the procedure, lawyer Siew Choon Jern, who represented the farmers, said that the court gave two reasons for dismissing the application, the first being the fact that the eviction notice issued by an administrator land cannot be reviewed in court.
Second, the court also found that the farmers were trespassers on the land. As intruders, they have no locus standi to present this request for judicial review, ”he said.
Siew said the court also ordered the plaintiffs to pay a cost of RM10,000 to the Attorney General’s Office.
On whether the plaintiffs would file an appeal against the court’s decision or the eviction notice issued by the land manager, Siew said he would meet with them first to discuss the matter.
Musang King durian farmers requested a judicial review against the state government’s order to evict their farms in various areas of Raub, including Sungai Ruan, Sungai Chalit, Sungai Klau with some 2,167 ha.
Of the total, 110 applied on August 28 and the remainder on September 9, naming six respondents: Raub District Land Administrator, Pahang Forest Director, State Authorities, Pahang State Government, Development Corporation Pahang State Agricultural (PKPP) and Royal Durian Resources PKPP Sdn Bhd. All six were represented by lead federal attorney Noor Fadzilla Ishak.
Aside from the order to vacate the land under the National Land Code of 1965 and the National Forestry Act of 1984, the applicants also wanted to obtain a judicial review on the decision of the state government that allegedly granted the right to lease and use of agricultural land about 2,167 ha Royal Pahang Durian Resources PKPP Sdn Bhd.
The applicants also wanted a review of the decision to sublet the land and the mandatory requirement to sell durians to a single entity designated by Royal Pahang Durian Resources PKPP Sdn Bhd.
