The High Court in Kuantan today dismissed two leave applications by Raub durian farmers for a judicial review of the state government's decision on implementing the "legalisation scheme".
Lawyer Siew Choon Jern, who represented the farmers, said the court ruled that they have no locus standi (legal standing) to file the challenge, among others.
“The court is of the opinion that the farmers are trespassers of the said land, so they do not have the locus standi to file the challenge," Siew said in a press conference live-streamed from outside the court.
The two judicial review applications were filed separately by a total of 204 Raub durian farmers in August and October this year, based on almost the same set of facts and arguments.
Stay order valid until today
Previously, the land lease and use rights to 5,357 acres (about 2,168ha) were granted by the Pahang government to RPDR-PKPP in June 2020. The state government issued notices and aimed to officially take back the land on Aug 24.
The interim stay order granted by the High Court, which stays all action or proceedings pursuant to the state authorities' notices to reclaim the farmland, was valid until today.
"Upon the dismissal, I on behalf of my client have asked for a stay order pending the appeal to the Court of Appeal. However, the judge viewed that any stay order should be obtained from the Court of Appeal," said Siew.
When contacted, Save Musang King Alliance (Samka) president Wilson Chang confirmed that representative from the farmer group filed an appeal to the Court of Appeal today.
"Our representative has filed an appeal today. Further details could only be announced tomorrow," said Chang.
In a press statement today, Samka urged the farmers not to give up and compromise by signing the contract with Royal Pahang Durian.
"The farmers should not hastily sign any contract with Royal Pahang Durian due to this minor setback, or else the efforts devoted by everyone throughout the process would be futile.
"Persevere until justice finally prevails," it said.
DAP's Tras assemblyperson Chow Yu Hui also urged the farmers to continue to fight as their struggle has not come to an end.
According to Chow, the Pahang state authority had again issued red notices to the farmers recently and ordered them to leave in two weeks' time.
Malaysiakini has sighted the notice dated Dec 21 issued by the Raub District and Land Office.
Farmers were warned that operating on or occupying government land without legal permission is considered an offence under Section 425(1) of the National Land Code, and if convicted, can be fined not exceeding RM500,000 or imprisonment not exceeding five years.
Raub District and Land Office urged the farmers to stop work and leave the area within 14 days from Dec 21.
"Otherwise, the authority under Section 426A(1)(c) shall destroy or remove any building, take possession of any plants on the land as a violation after the period expires, without any further notice," the notice stated.
Cooperative calls for meeting next week
Meanwhile, Raub Musang King Farmers’ Cooperative Preparatory Committee president Liew Son Wan told Malaysiakini that they will continue to uphold farmers' rights.
"The cooperative will hold our first general meeting at 2pm on 29 Dec, at Kuan Yin Temple in Sungai Ruan. We estimate there will be around 400 to 500 farmers attending the meeting."
Liew added that the cooperative hopes to protect the farmer's rights and strike a win-win solution by negotiating with the state government. - Mkini
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