Century-old monastery seeks to nullify company’s land lease extension

 

Monks and devotees in the Dhamma Sakyamuni Caves Monastery claim to have occupied the cave in Gunung Kanthan, Perak, for more than 100 years.

PETALING JAYA: An abbot and five others have filed a suit seeking to nullify a 30-year extension of a land lease in Gunung Kanthan to Associated Pan Malaysia Cement Sdn Bhd (APMC), which had obtained a court order to evict the century-old monastery.

The suit was filed at the Ipoh High Court by Chiong Sai Tin, who is also chairman of the Malaysia Dhamma Sakyamuni Monastery, and five monks.

The plaintiffs also want to set aside last year’s Court of Appeal ruling allowing APMC’s appeal.

In the suit filed by solicitors Messrs Chan & Associates on Jan 2, the plaintiffs sought a court declaration to nullify a Jan 15, 2020 extension of the lease on the 146.4ha plot of land in Hulu Kinta.

The Perak land and mines department director and APMC were named as defendants.

They are also seeking a declaration that the extension of the lease registered under no. 1213/2020 on April 29, 2020 is null and void.

They likewise want a court order for the department to cancel the entry or memorial in the register of titles, damages, and other relief deemed fit by the court.

The defendants, who have entered appearance, have been instructed to file their defence by next week.

The plaintiffs claim that, according to former Perak executive council (exco) member Abdul Aziz Bari, the application for an extension of the lease of the land was never tabled in the state exco meeting under the Pakatan Harapan government (May 19, 2018 to March 10, 2020).

“Therefore, the extension of the lease of the land (until Oct 17, 2050) was done without the knowledge and/or proper approval of the Perak exco,” the statement of claim said.

Aziz also affirmed an affidavit on Oct 10 last year confirming the matter.

On Sept 5, 2023, a three-member Court of Appeal bench allowed APMC’s appeal to evict the occupants from the monastery after the company argued that, as the registered owner, it was entitled to succeed in a summary application for possession.

The case began in January 2022 when APMC sought a High Court order in Ipoh for the eviction of all squatters from Lot No. 46497 in Hulu Kinta, where Gunung Kanthan is located.

Gunung Kanthan is one of the last 12 remaining limestone hills in the Kinta Valley National Geopark and home to several endangered species of flora and fauna, including bent-toed geckos, snow-white orchids and tiny snails.

About 80% of the hill has already been cleared as quarries.

APMC said it had been given rights to the quarry land since 1963 and had secured extensions since then. The company also questioned the year in which the association managing the monastery was incorporated.

However, the monastery’s management contested the application, saying the company could only occupy a small portion of the land as the monastery’s monks had occupied the area for more than 100 years.

The company’s application was dismissed in October 2022 by then judicial commissioner Bhupindar Singh. He said the monastery had demonstrated that they were not squatters and had a strong arguable defence to the eviction.

He also said there were triable issues as to whether they had occupied the land with the acquiescence of the company and state authorities.

The Court of Appeal overturned his judgment. Leave to appeal the eviction order will be heard in the Federal Court on Feb 28. - FMT