204 Raub durian farmers granted leave in suit against Pahang govt

 

Two hundred and four durian farmers from Raub were granted court leave to commence a legal challenge against the Pahang state government’s attempt to evict them.

They also obtained an order from the Court of Appeal allowing them to remain on their orchards, pending disposal of two judicial review applications against the state government’s decision to implement a "legalisation scheme".

The durian farmers' lawyer Siew Choon Jern confirmed that the Court of Appeal today allowed his clients’ appeal to obtain leave to proceed with the two judicial review applications.

On Dec 23 last year, the Kuantan High Court denied the durian farmers’ two judicial review leave applications, ruling that the applicants have no locus standi (legal standing) to file the legal action. 

Siew said the three-person Court of Appeal bench, chaired by judge Mohamad Zabidin Mohd Diah, ruled that the durian farmers’ legal action was not frivolous.

“The Court of Appeal granted leave (to the 204 durian farmers) to proceed with the judicial review applications," he said when contacted this afternoon.

The other judges were M Nantha Balan and Darryl Goon Siew Chai.

Siew added that the court granted a stay order to maintain the status quo between parties in the matter, pending disposal of the judicial review proper.

“This means that in the meantime, the durian farmers can return back to the land (which is linked to the dispute in the legal action),” the lawyer said.

The Court of Appeal stay order would prevent all action or proceedings pursuant to the state authorities' notices to reclaim the farmland, pending disposal of the main judicial review.

Siew said with the leave given, his clients’ judicial review will proceed before the Kuantan High Court, where the legal action is fixed for further case management on Sept 22.

Previously on Jan 5, the Court of Appeal had granted the durian farmers an interim stay order to maintain the status quo, pending disposal of the appeal.

In August and October last year, the two judicial review applications were filed separately by a total of 204 Raub durian farmers.

Previously, the land lease and use rights to 5,357 acres (about 2,168ha) were granted by the Pahang government to Royal Pahang Durian Resources PKPP Sdn Bhd (RPDR-PKPP) in June 2020. The state government issued notices and aimed to officially take back the land on Aug 24 last year.

It was reported in December last year that the Pahang state authorities had issued red notices to the durian farmers, ordering them to leave in two weeks' time.

Malaysiakini then had 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. - Mkini