Kanthan farmers get leave to challenge unlawful occupation notices

Kanthan farmers get leave to challenge unlawful occupation notices

The judge said the six farmers' challenge is not frivolous.

The High Court has stayed all action by the Kinta district land office and the Perak state development corporation against six farmers in Kanthan pending the disposal of ongoing judicial review proceedings.
PETALING JAYA:
The High Court in Ipoh has granted a group of farmers in Kanthan leave to commence judicial review proceedings against the Kinta district land office and the Perak state development corporation (PKNP).

Justice Abdul Wahab Mohamed said the application by Liew Yoke Chuan, Khoo Choong Hiang, Liew Wong, Lee Yoon Li, Chong Kin Heong and Tan Yeong Seng was not frivolous.

Only PKNP objected to the farmers’ leave application.

Wahab also ruled that an interim stay of all action taken by the respondents, the Kinta district land office and PKNP, against the farmers pursuant to notices issued under Section 425 of the National Land Code for unlawful occupation of state land will remain until the disposal of the judicial review hearing.

The farmers filed the proceedings last October.

They named the state land and mines department director and the Perak government as respondents.

The farmers want the court to quash the notices issued to them.

They seek a declaration that the respondents had breached their duty to act fairly.

The farmers also claim that various representations were made to the respondents in a bid to secure alternative land for farming.

They said they had a right to remain on the land until they were issued leases to the promised plots of land, and sought an order prohibiting the respondents from displacing them until their legitimate expectations were fulfilled.

They are also asking for an award of damages.

Lawyer Rabinder Singh and Jason Tiew represented the farmers, counsel Raymond Mah and Denise Phang appeared for PKNP while federal counsel Norazlinawati Arshad appeared for the remaining respondents.

The court also fixed the case for mention on March 6.

Stay current - Follow FMT on WhatsApp, Google news and Telegram

Subscribe to our newsletter and get news delivered to your mailbox.