NGOs to challenge Bukit Cherakah degazettement in Federal Court

NGOs to challenge Bukit Cherakah degazettement in Federal Court

The apex court says a decision on the issues raised will be of public importance.

Representatives from the Shah Alam Community Forest Society and Khazanah Alam Malaysia and their lawyers at the Palace of Justice in Putrajaya.
PUTRAJAYA:
The Federal Court has agreed to hear an appeal brought by two NGOs seeking to challenge the degazettement of Bukit Cherakah as a forest reserve.

Chief Judge of Sabah and Sarawak Abdul Rahman Sebli said the questions of law posed by the Shah Alam Community Forest Society and Khazanah Alam Malaysia (Peka) were fit for determination by the apex court.

“A decision of this court (on the legal questions posed) will be of public importance,” he said.

Also on the bench hearing the application were Justices Abu Bakar Jais and Abdul Karim Abdul Jalil.

In 2022, the Shah Alam High Court dismissed the NGOs’ application for leave to commence judicial review proceedings over the state government’s decision to degazette a 406.22ha site at Bukit Cherakah in Selangor.

They contended that the Selangor government had acted illegally in backdating the impugned gazette.

The gazette was published on May 5, 2022, some 22 years after the decision was made in 2000.

On Jan 24 this year, the Court of Appeal affirmed the High Court ruling, giving rise to the present appeal.

Lawyer Rajesh Nagarajan appeared for both NGOs, while assistant state legal adviser Khairul Nizam Abu Bakar represented the Selangor government.

The Malaysian Bar, represented by New Sin Yew and Abhilaash Subramaniam, appeared as amicus curiae (friends of the court).

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