Ipoh farmers win right to challenge eviction notice

Ipoh farmers win right to challenge eviction notice

Court grants leave for judicial review as there is no objection from the attorney-general.

The farmers want a court order to quash the notices issued by the Kinta land officer under Section 425 of the National Land Code. (File pic)
PETALING JAYA:
A High Court in Ipoh has given three farmers leave to commence judicial review proceedings against the Perak government for issuing notices to them to vacate the land they had been farming in Tanah Hitam.

Judicial commissioner Bhupindar Singh will now proceed to hear the farmers’ complaints as there is no objection from the attorney-general (AG).

Federal counsel Fauzi Md Yusof appeared for the AG.

The applicants have also named the Kinta district officer and the state director of the lands and mines department as respondents.

Chong Kam Meng, Chok Ying and Wan Kok Leong filed the action in May for themselves and on behalf of eight others.

Their lawyer Rabinder Singh said the applicants want an order to quash the notices issued by the Kinta land officer under Section 425 of the National Land Code.

They are also seeking a declaration that the respondents, in particular the state government, had breached their legitimate expectations and the duty to act fairly.

The applicants are also claiming a mandamus order against the government to fulfil their legitimate expectations.

In the judicial review application, they alleged that they had been farming on their respective plots of land in Tanah Hitam in Chemor (near Ipoh) for many years without any interference from the government.

They also alleged that they had also contributed to the agricultural produce in Perak.

The applicants claimed the state authorities had repeatedly made unequivocal representations and gave them assurances that they would be given suitable alternative land should the state decide to take over the land where they had been farming.

They said in early March, the Kinta land office issued notices to them to vacate their land or face prosecution.

Bhupinder fixed Aug 26 for case management.

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