Sept 8 date for Raub durian farmers’ appeal over eviction

Sept 8 date for Raub durian farmers’ appeal over eviction

Last December, the High Court had dismissed their leave for judicial review against the Pahang state.

The farmers want a ruling on the state government’s decision to lease the 2,167ha farmland to Royal Pahang Durian Resources PKPP Sdn Bhd. (Facebook pic)
PUTRAJAYA:
The Court of Appeal will hear on Sept 8 an appeal by 204 Musang King durian farmers in Raub who were refused leave for judicial review against an eviction notice issued by the Pahang state authorities.

Counsel Siew Choon Jern said the date was agreed upon following a virtual case management before deputy registrar Radzilawatee Abdul Rahman.

Siew said the appeal had initially been scheduled to be heard on Wednesday but was vacated as he had applied for a postponement.

On Jan 5, a three-member Court of Appeal bench allowed the farmers an interim stay pending the disposal of their appeal.

This means they should be able to continue to cultivate their land with no interference from the authorities.

On Dec 23, High Court judge Zainal Azman Ab Aziz had dismissed the leave for judicial review against the land eviction notice issued to the farmers by the state government. The eviction notice was issued on Dec 21 and ordered the famers to vacate the land by Jan 4.

Zainal Azman said a notice issued by a land administrator cannot be reviewed by a court and the farmers had no legal standing since they were trespassers.

The farmers filed for a judicial review against the state government’s order for them to vacate their farms in various areas in Raub, including in Sungai Ruan, Sungai Chalit and Sungai Klau, covering 2,167ha.

They named the Raub district land administrator, Pahang forestry department director, state authorities, Pahang state government, Pahang State Agricultural Development Corporation (PKPP) and Royal Pahang Durian Resources PKPP Sdn Bhd.

Apart from a decision on the order to vacate the land under the National Land Code 1965 and the National Forestry Act 1984, they also want a ruling on the state government’s alleged decision to lease the 2,167ha farmland to Royal Pahang Durian Resources PKPP Sdn Bhd.

The applicants also requested a review on the decision to sublease the land and the mandatory requirement to sell durians to a single entity nominated by Royal Pahang Durian Resources PKPP Sdn Bhd.

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