Court quashes 204 Raub durian farmers' judicial review bid

The Kuantan High Court today rejected a bid by 204 Raub durian farmers to seek judicial review against the Pahang state government’s attempt to evict them.

Judge Mohd Radzi Harun passed the verdict after reading the grounds of judgment for more than an hour.

Aside from rejecting the judicial review application, the court also ordered the applicants to pay RM100,000 to every respondent in the case.

In making the judgment, the court found that it was the farmers who had trespassed, and as trespassers, they did not have the locus standi (legal standing) to apply for a judicial review.

The farmers were also not supposed to file a judicial review application as an eviction order is not something that can be reviewed in court, it said.

The group of farmers applied to obtain permission to review a notice to evict a land planted with Musang King durian trees around Raub, about 170km from Kuantan, including in Sungai Ruan, Sungai Chalit, and Sungai Klau, which is estimated to be 2,167ha.

A total of 110 farmers filed the bid on Aug 28, 2020, while the remaining filed a similar application on Sept 9 the same year.

They named the Raub district land administrator, Pahang Forestry director, state authorities, the Pahang state government, Pahang State Agricultural Development Corporation (PKPP), and Royal Pahang Durian Resources PKPP Sdn Bhd as respondents.

‘Accept state govt’s offer’

Meanwhile, when met following the judgment, the Pahang state government's legal adviser Saiful Edris Zainuddin lauded the decision.

According to him, the farmers should not have initiated the case in the first place, as they had encroached into land owned by the Pahang state government.

"They should accept the Pahang state government's offer and suggestions, and work with the parties involved to develop the area," he said.

Lawyer Siew Choon Jern, who represented the plaintiffs, said he would discuss with the farmers before deciding whether to file an appeal against the decision.

"Today's verdict is a long one and has to be studied first. We will discuss the next course of action so that the interests of the farmers are not compromised.

"An appeal would be among the suggestions discussed," he said. - Mkini