Two NGOs fail in appeal to challenge development at Bukit Cherakah

Two environmental groups failed in their appeal for court leave to proceed with their judicial review targeting the development at Bukit Cherakah Forest Reserve.

A three-person Court of Appeal bench chaired by Azizah Nawawi denied the appeal by Pertubuhan Pelindung Khazanah Alam (Peka) and the Shah Alam Community Forest Society (SACF) to commence a challenge against the Selangor state government's decision to degazette parts of the forest reserve.

Speaking on behalf of fellow bench members Azimah Omar and Wong Kian Kheong, Azizah ruled that the judicial review was filed out of time as the policy decision was made on Nov 20, 2000.

She said the two groups failed to file the challenge within three months of the decision.

"The decision was made in 2000, and this judicial review was filed over 20 years later (in 2022)," she said.

She ruled that the Shah Alam High Court did not commit any appealable error in dismissing the NGOs' judicial review leave application.

She also made no order as to costs.

In May 2022, there were viral reports about the statement on the degazetting of 406.22ha of the Bukit Cerakah Forest Reserve, Section U10, which was allegedly not via a public hearing process per Section 11 of the Selangor State Forestry Act (EAPN) 1985. EAPN was amended by the Selangor government in 2011.

Later in August of the same year, the Selangor Forestry Department clarified that the May 5 gazette notification to degazette the Bukit Cerakah Forest Reserve was to complete the delisting process that stopped around 2006.

The environmentalists claimed that the state government should have held a public inquiry per the National Forestry Act (Amendment) Enactment 2011. - Mkini