End of suit by Raub durian farmers against state govt, others
Yesterday
Ho Kit Yen
The farmers’ lawyer, Brendan Navin Siva, tells the appellate court that his clients will not be pursuing their appeal
The Court of Appeal ordered the Raub durian farmers to pay the Pahang government and state agency Perbadanan Kemajuan Pertanian Pahang RM4,000 each in costs.
PUTRAJAYA: The legal dispute between Raub durian farmers, the Pahang government, and other parties over eviction notices came to an end today.
A Court of Appeal bench chaired by Justice Lim Chong Fong struck out the farmers’ appeals after their lawyer, Brendan Navin Siva, informed the court that they would not be pursuing the case.
Also on the bench were Justices Firuz Jaffril and Ismail Brahim.
Brendan said some respondents, such as the state government and state agency Perbadanan Kemajuan Pertanian Pahang (PKPP), were seeking costs.
State assistant legal adviser Abdul Hafiz Razat said the Pahang government was seeking RM80,000 for work related to the appeal.
Lim noted that the farmers had previously filed stay applications, which were dismissed, but that the court did not order them to pay any costs at the time.
PKPP’s lawyer Fairuz Abdullah also said the agency was seeking the same quantum.
“We leave it to the court’s discretion regarding the sum,” he added.
Lim then ordered the farmers to pay RM4,000 each to the state government and PKPP.
On April 24 last year, the Kuantan High Court dismissed the farmers’ judicial review application challenging the Pahang government’s decision to evict them from farms in Raub, including areas in Sungai Ruan, Sungai Chalit and Sungai Klau.
The court concluded that the farmers were encroaching on the land and had no legal or equitable rights, and that the state government’s eviction order was not malicious.
The farmers had indicated their intention to withdraw their appeal earlier this year.
A Court of Appeal bench chaired by Justice Lim Chong Fong struck out the farmers’ appeals after their lawyer, Brendan Navin Siva, informed the court that they would not be pursuing the case.
Also on the bench were Justices Firuz Jaffril and Ismail Brahim.
Brendan said some respondents, such as the state government and state agency Perbadanan Kemajuan Pertanian Pahang (PKPP), were seeking costs.
State assistant legal adviser Abdul Hafiz Razat said the Pahang government was seeking RM80,000 for work related to the appeal.
Lim noted that the farmers had previously filed stay applications, which were dismissed, but that the court did not order them to pay any costs at the time.
PKPP’s lawyer Fairuz Abdullah also said the agency was seeking the same quantum.
“We leave it to the court’s discretion regarding the sum,” he added.
Lim then ordered the farmers to pay RM4,000 each to the state government and PKPP.
On April 24 last year, the Kuantan High Court dismissed the farmers’ judicial review application challenging the Pahang government’s decision to evict them from farms in Raub, including areas in Sungai Ruan, Sungai Chalit and Sungai Klau.
The court concluded that the farmers were encroaching on the land and had no legal or equitable rights, and that the state government’s eviction order was not malicious.
The farmers had indicated their intention to withdraw their appeal earlier this year.
***
Reminds me of my late grandpa and the land he cultivated in Batu Kawan. The piece of jungle he cleared with his own muscles and back-breaking toil, tears and sweat, and then turned into a minor rubber farm plus vegetable growing & a wee bit of animal husbandry had legally belong to a (so-called) "relative". Grandpa wanted to buy the land but was assured by his 'kakinang' not to worry over 'minor' details and to go on working that land as if it was his (grandpa's), and for the 'finer details' to come about later.
It ended up like what the Raub durian farmers had experienced - initial friendly (post federal govt's) "invitation & encouragement" to grow (open up the rural areas) became "frigg off, you have encroached on MY land and have no legal or equitable rights" (once the products became obviously valuable to the 'owner') - grandpa was broken hearted but no legal paperwork, eat shit man.
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