High Court grants mandamus hearing in Orang Asli land acquisition case

The High Court has granted leave to proceed with a mandamus hearing to ascertain the value of a plot of land acquired from an Orang Asli community in 1993.

Some 51 Orang Laut Seletar from Kampung Orang Asli Kuala Masai, today filed a mandamus application at the High Court in Johor Bahru to resolve a land compensation issue which has been pending despite two court victories in 2010 and 2012.

Led by Kelah Lah, 38, and Khalip Bachik, 57, the group had previously succeeded in the originating summons filed in the High Court against three defendants in 2008, namely the Johor Land and Mines director, Johor Bahru City Council and the director-general of Orang Asli Affairs (Jakoa).

Based on the High Court’s decision on Sept 22, 2010, the Orang Asli should be compensated in accordance with the Land Acquisition Act 1960, and such compensation must be determined by the Johor Bahru Land Administrator.

Tan said the mandamus application was filed because the Johor Land and Mines Department had yet to comply with the court order to carry out the land valuation.

The case involves compensation for a parcel of prime land in Stulang Laut, Johor Bahru, where the shopping centre known as The Zon now stands.

The plot was estimated at RM23 million in a 2005 valuation, yet the compensationoffered by the Johor government stands at a paltry RM5,000 per family.

Given that there are 51 families involved, the total amount is just RM255,000.

In 1993, the Orang Laut Seletar community in Stulang Laut were forced to relocate from the land on which they had lived for decades.

The Orang Laut Seletar are one of the smallest of the 18 Orang Asli tribes in Malaysia.

They are located in both southern Johor and Singapore, but are believed to have a combined population of less than 3,000, leaving their culture and language under threat.

Pasir Gudang MP Hassan Karim (above, second left), who was also present at court, called on Johor MB Dr Sahruddin Jamal to take immediate action to resolve the compensation issue.

“The order was issued in 2010, but the old government failed to comply with this court order. The new Pakatan Harapan administration should take positive action and see that justice is served."

Sources close to the case said that with goodwill, the case should be resolved through mediation instead of prolonging what has been a very lengthy battle.

"The land was valued in the tens of millions in 2005, but actually it's in the hundreds of millions now."

"The community is not hoping to see such a vast amount. They are only seeking for reasonable compensation after such a long process," the source told Malaysiakini. - Mkini