Gatco settlers' bid for stay will be known on Friday

The High Court in Kuala Lumpur will make its decision this Friday on whether to allow the application of stay by 140 Kampung Gatco settlers against Thamarai Holdings Sdn Bhd from clearing the land in dispute.

This came after the High Court had, on Oct 17 last year, dismissed the settlers' claim and allowed the company's counter claim for damages, and ruling that the settlers do not have the locus standi (legal standing) to initiate the claim.

Earlier in her chambers, Justice Hue Siew Kheng heard the submissions from R Sivarasa and R Kenghadaran for the settlers, and Shahul Hameed Amirudin, Chow Keng Chin and Kavimani Muthayam for Thamarai.

Sivarasa told reporters that a stay application was needed after the company had encroached and cleared huge portion of the said land. They also produced the evidence on the clearing.

“If a stay is not granted pending the Court of Appeal decision, it would render the settlers' appeal nugatory as the land would be cleared,” he added.

The company's lawyer argued that the clearing was done to build roads in the area but this was rebutted by the settlers' lawyer who said the clearing was too extensive as it had destroyed the rubber plantation, which the settlers have been working on since the late 1970s.

The settlers further maintained that the land and the rubber trees belong to them, and if the land or the trees are sold, priority is not given to them to purchase the land.

The settlers further argued that the High Court's ruling last year that they do not have the locus standi was an error in legal principles.

It is understood that the Court of Appeal has fixed Sept 15 to hear the appeal by the settlers.

The settlers were part of the Great Alonioners Trading Corporation Bhd (Gatco), a company incorporated in 1977 by the National Union of Plantation Workers (NUPW) to facilitate a land development scheme for the NUPW members, in Bahau, Negeri Sembilan.

Some 430 families took part in the scheme comprising 200 Indians, 120 Malays, and 30 Chinese forming Kampung Gatco or Kampung Serampang Indah.

The current settlers had paid RM7,600 each as a deposit to settle on allocated plots of the land as part of the development scheme.

However, the scheme eventually failed and the land was changed to two financial institutions.

Gatco eventually wound up but its liquidators sold the land to Thamarai Holdings in 2006, triggering the present tussle.

Last month, it was reported that several settlers were arrested following a stand-off with the company.  - Mkini