The unanimous ruling by the three-judge bench refers the case back to the registrar of the Court of Appeal, with no order for costs or stay of the eviction proceedings. – Scoop file pic, May 23, 2024
Appeals court orders Raub durian farmers to refile eviction appeal against Pahang govt
Judge rules that their previous application under Subsection 44(1) of Courts of Judicature Act 1964 should have been heard by an appellate court judge
Irwan Shafrizan Ismail
23 May, 2024, 2:48 PM MYT
PUTRAJAYA – The 131 Musang King farmers in Raub have been ordered by the Court of Appeal here to resubmit their application for an interim order against the eviction notices issued by the Pahang government.
Judge Datuk Che Mohd Ruzima Ghazali, who chaired the three-person bench, said the unanimous ruling came after finding the previous application, which was made under Subsection 44 (1) of the Courts of Judicature Act 1964, must only be heard before an appellate court judge.
“Therefore, this is referred back to the registrar of the Court of Appeal. No order to costs for today’s proceedings or any order for a stay,” he said.
Also sitting on today’s bench were Datuk Azman Abdullah and Datuk Azmi Ariffin.
On April 24, the Kuantan High Court dismissed a judicial review application by Musang King durian planters around Raub to challenge the state government’s eviction notices.
Pahang legal adviser Datuk Saiful Edris Zainuddin said judge Datuk Mohd Radzi Harun ruled that the 186 planters involved had no legal right to be on the land in question.
He said the court also confirmed their status as squatters and that the state government’s action to evict them was not malicious.
The court also ordered the planters to pay costs amounting to RM600,000 to all respondents, Bernama reported.
In August 2020, the Musang King durian farmers filed the application to obtain permission for a judicial review against a state government order for them to vacate their farms in various areas in Raub, including in Sg Ruan, Sg Chalit, and Sg Klau, measuring about 2,167ha.
They named the Raub District Land Administrator, Pahang Forestry director, state authorities, Pahang state government, Pahang State Agricultural Development Corporation (PKPP) and Royal Pahang Durian Resources PKPP Sdn Bhd as respondents.
The application was dismissed by the Kuantan High Court in December 2020, which prompted them to appeal.
In 2021, the Court of Appeal allowed their application to stay the land eviction notice issued to them to vacate the plantations pending the hearing of the judicial review leave application.
Apart from the judicial review on the land eviction notice under the National Land Code 1965 and the National Forestry Act 1984, the applicants also want to obtain a judicial review on the decision of the state government, which allegedly gave lease and farmland use rights to about 2,167ha (5,357 acres) to Royal Pahang Durian Resources PKPP Sdn Bhd.
The applicants also want a review on the decision to sublease the land involved to them and the mandatory requirement to sell durians to a single entity nominated by Royal Pahang Durian Resources PKPP Sdn Bhd. – May 23, 2024
Appeals court orders Raub durian farmers to refile eviction appeal against Pahang govt
Judge rules that their previous application under Subsection 44(1) of Courts of Judicature Act 1964 should have been heard by an appellate court judge
Irwan Shafrizan Ismail
23 May, 2024, 2:48 PM MYT
PUTRAJAYA – The 131 Musang King farmers in Raub have been ordered by the Court of Appeal here to resubmit their application for an interim order against the eviction notices issued by the Pahang government.
Judge Datuk Che Mohd Ruzima Ghazali, who chaired the three-person bench, said the unanimous ruling came after finding the previous application, which was made under Subsection 44 (1) of the Courts of Judicature Act 1964, must only be heard before an appellate court judge.
“Therefore, this is referred back to the registrar of the Court of Appeal. No order to costs for today’s proceedings or any order for a stay,” he said.
Also sitting on today’s bench were Datuk Azman Abdullah and Datuk Azmi Ariffin.
On April 24, the Kuantan High Court dismissed a judicial review application by Musang King durian planters around Raub to challenge the state government’s eviction notices.
Pahang legal adviser Datuk Saiful Edris Zainuddin said judge Datuk Mohd Radzi Harun ruled that the 186 planters involved had no legal right to be on the land in question.
He said the court also confirmed their status as squatters and that the state government’s action to evict them was not malicious.
The court also ordered the planters to pay costs amounting to RM600,000 to all respondents, Bernama reported.
In August 2020, the Musang King durian farmers filed the application to obtain permission for a judicial review against a state government order for them to vacate their farms in various areas in Raub, including in Sg Ruan, Sg Chalit, and Sg Klau, measuring about 2,167ha.
They named the Raub District Land Administrator, Pahang Forestry director, state authorities, Pahang state government, Pahang State Agricultural Development Corporation (PKPP) and Royal Pahang Durian Resources PKPP Sdn Bhd as respondents.
The application was dismissed by the Kuantan High Court in December 2020, which prompted them to appeal.
In 2021, the Court of Appeal allowed their application to stay the land eviction notice issued to them to vacate the plantations pending the hearing of the judicial review leave application.
Apart from the judicial review on the land eviction notice under the National Land Code 1965 and the National Forestry Act 1984, the applicants also want to obtain a judicial review on the decision of the state government, which allegedly gave lease and farmland use rights to about 2,167ha (5,357 acres) to Royal Pahang Durian Resources PKPP Sdn Bhd.
The applicants also want a review on the decision to sublease the land involved to them and the mandatory requirement to sell durians to a single entity nominated by Royal Pahang Durian Resources PKPP Sdn Bhd. – May 23, 2024
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