Judge Datuk Zainal Azman Ab Aziz made the decision at today’s proceeding with only those involved allowed in the courtroom to comply with the physical distancing rule.
Speaking to the media after the proceeding, lawyer Siew Choon Jern representing all the plaintiffs said the court gave two reasons for dismissing the application with the first being the fact that the farmers should not have applied for a judicial review as the eviction notice issued by a land administrator is not something that could be reviewed in court.
“Besides, the court also found that the farmers were trespassers on the land. As trespassers, they do not have locus standi to file this application for judicial review,” he said.
Siew said the court also ordered the plaintiffs to pay cost of RM10,000 to the Attorney-General’s Chambers.
On whether the plaintiffs would file an appeal against the court’s decision or the eviction notice issued by the land administrator, Siew said he would meet with the plaintiffs first to discuss the matter.
The 204 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 Sungai Ruan, Sungai Chalit, Sungai Klau, measuring about 2,167 hectares.
Of the total, 110 filed the application on Aug 28, while the remaining, on Sept 9, naming six respondents namely Raub District Land Administrator, Pahang Forestry director, state authorities, Pahang state government, Pahang State Agricultural Development Corporation (PKPP) and Royal Durian Resources PKPP Sdn Bhd, all of whom were represented by senior federal counsel Noor Fadzilla Ishak.
Apart from the order to vacate the land 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 right to about 2,167 hectares (5,357 acres) to Royal Pahang Durian Resources PKPP Sdn Bhd.
The applicants also want a review on the decision to sub-lease 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.
-- BERNAMA
