The Federal Court, in a 2-1 majority decision, dismissed an appeal by two NGOs challenging the degazettement of Bukit Cherakah as a forest reserve.
The two NGOs are Pertubuhan Pelindung Khazanah Alam Malaysia (Peka) and the Shah Alam Community Forest Society (SACF).
Court of Appeal president Abu Bakar Jais and Federal Court judge Rhodzariah Bujang formed the majority in dismissing the appeal, while Federal Court judge Lee Swee Seng delivered a dissenting judgment.
The court made no order as to costs.
On Sept 9, 2024, the apex court granted the two NGOs leave to appeal against the dismissal of their judicial review application challenging the matter.
In 2022, the Shah Alam High Court denied the NGOs leave to commence a judicial review of the Selangor government’s decision to degazette 406.22ha of Bukit Cherakah.
The Court of Appeal dismissed their subsequent appeal on Jan 24, 2024, on the grounds that the judicial review application had been filed out of time.
Off to Federal Court
The NGOs then took the matter to the Federal Court, seeking leave to appeal the lower court’s decision, claiming it was illegal for the Selangor government to backdate a gazette, stating that the degazettement decision was made on Nov 20, 2000.
They said the gazette was published on May 5, 2022, almost 22 years after the decision to degazette Bukit Cherakah.
In their application for judicial review, the NGOs named the Selangor government, the state executive council, the State Forestry Department director, and the Petaling Land and Mines Department as respondents.
The other respondents were YCH Development Sdn Bhd, Perbadanan Kemajuan Negeri Selangor and Restu Mantap Sdn Bhd.
The NGOs were represented by lawyers Gurdial Singh Nijar, Rajesh Nagarajan and Amanda Sonia Mathew, while assistant state legal adviser Hani Aziza Ismail@ Aziz and Mary Phoon Keat Mee appeared for the Selangor government, the state executive council, the State Forestry Department director, and the Petaling Land and Mines Department.
The other lawyers were Ng Ka Choon and Low Jiah Yee for YCH Development Sdn Bhd, Ganapathi Ramasamy, Al Sabri Ahmad Kabri and Marlia Azrin for Perbadanan Kemajuan Negeri Selangor, and John Wong Yok Hon for Restu Mantap Sdn Bhd.
Lawyers New Sin Yew and Abhilaash Subramaniam represented the Malaysian Bar as amici curiae (friends of the court).
- Bernama
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