Lawyer Siew Choon Jern said a three-member bench, chaired by Mohamad Zabidin Mohd Diah, allowed the farmers’ appeal for leave as the application was not frivolous.

“The bench also granted a stay order to maintain the status quo pending the disposal of the High Court hearing of the substantive judicial review application,” said Siew, who appeared with Brendan Navin Siva.

Others on the bench in the proceedings conducted virtually were M Nantha Balan and Darryl Goon Siew Chye.

Case management was fixed for Sept 22 before the High Court.

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

With today’s stay order, the farmers would be able to continue cultivating their land without interference from the authorities.

On Dec 23, High Court judge Zainal Azman Ab Aziz 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 the famers were ordered to vacate the land by Jan 4.

Zainal 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 covering 2,167ha in Raub, including in Sungai Ruan, Sungai Chalit and Sungai Klau.

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 wanted a ruling on the state government’s alleged decision to lease the 2,167ha farmland to Royal Pahang Durian Resources PKPP.

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.