PETALING JAYA: The High Court in Ipoh has granted a group of farmers in Kanthan leave to commence judicial review proceedings against the Kinta district land office and the state development corporation (PKNP).
Justice Abdul Wahab Mohamed said the application by Liew Yoke Chuan, Khoo Choong Hiang, Liew Wong, Lee Yoon Li, Chong Kin Heong and Tan Yeong Seng was not frivolous.
Only PKNP objected to the farmers’ leave application.
Wahab also ruled that an interim stay of all eviction proceedings taken by the respondents, the Kinta district land office and the PKNP, against the farmers will remain until the disposal of the judicial review hearing.
The farmers, who were issued with eviction notices issued under Section 425 of the National Land Code, filed the proceedings last October.
They named the state land and mines department director and the Perak government as respondents.
The farmers want the court to quash the eviction notices.
They seek a declaration that the respondents had breached their duty to act fairly.
The farmers also claim that various representations were made to the respondents in a bid to secure alternative land for farming.
They said they had a right to remain on the land until they were issued leases to the promised plots of land, and sought an order prohibiting the respondents from displacing them until their legitimate expectations were fulfilled.
They are also asking for an award of damages.
Lawyer Rabinder Singh and Jason Tiew represented the farmers, counsel Raymond Mah and Dennis Phang appeared for PKNP while federal counsel Norazlinawati Arshad appeared for the remaining respondents.
The court also fixed the case for mention on March 6. - FMT
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