A consent judgment has been recorded in the Malacca High Court between the Orang Asli of Machap Umboo and three government agencies over the attempted demolition of a chapel built on native customary land.
The consent was recorded yesterday by Judicial Commissioner Abdul Karim Jalil who made no order as to costs.
Litigant Heerby Siam, who is from the Temuan tribe, had filed a judicial review application to challenge the Alor Gajah Municipal Council’s order to demolish the chapel via a notice dated Nov 25, 2011.She named the Land and Mines Department and the Malacca government as the other respondents.
On Nov 25, 2011, the Malacca High Court had allowed a stay of the demolition order.
On May 11 last year, the litigant’s lawyers had been granted leaveto initiate a judicial review.
Malacca state legal advisor Meor Hashimi Abdul Hamid had on Dec 10 last year - at the start of judicial review hearing - indicated that parties were attempting to resolve the dispute.
This resulted in the consent judgment, the main terms of which are:
- The land in Kampung Orang Asli Macap Umboo is to be gazetted immediately as aboriginal reserve land under Section 62 of the National Land Code 1965.
- The proposed gazetted land is to be produced to Heerby via her lawyers for approval.
- she is then to submit her application to the council and pay the processing fee - pending this, the council will not impose a fine on her and will withdraw the demolition notice.
- Pending the issuance of approval, the chapel will not be demolished.
- In accordance with the special position of the Orang Asli as enshrined in Article 8(5)(c) of the Federal Constitution, the respondents shall not impose disproportionate conditions on Heerby.
- Heerby undertakes to file the application within a month from the consent order or within a reasonable extention of time.
Sugandra Rao Naidu appeared for the municipal council, while Meor Hashimi represented the other two respondents.
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