Raub’s durian farmers granted stay of eviction

by BERNAMA / pic by BERNAMA

THE Court of Appeal in Putrajaya yesterday allowed the application by 204 durian farmers in Raub, Pahang, to stay the land eviction notice issued to them to vacate the plantations pending disposal of their appeal.

A three-member bench comprising Justices Datuk Yaacob Md Sam, S Nantha Balan and Datuk M Gunalan allowed the stay application.

The Musang King durian farmers are appealing to the Court of Appeal against the Dec 23 decision of the Kuantan High Court which did not give them leave to initiate a judicial review application to quash the eviction notice issued to them by the state government.

Yesterday’s proceeding for a stay pending disposal of the appeal was heard via Zoom.

“The Court of Appeal allowed our application for stay of all proceedings on the eviction notice pending disposal of the appeal against the High Court’s decision to dismiss the leave for judicial review,” said lawyer Siew Choon Jern, representing the farmers, when contacted.

Siew also said there was no date fixed yet for the appeal hearing.

On Dec 23, last year, High Court Judge Datuk Zainal Azman Ab Aziz dismissed the farmers’ application to obtain leave to commence judicial review to challenge the land eviction notice.

The judge held that the farmers should not have applied for a judicial review as the eviction notice issued by a land administrator was not something that could be reviewed in court and the court also found that the farmers were trespassers of the land.

The farmers filed the application for leave to commence a judicial review against a state government order for them to vacate their farms in various areas of Raub, including Sungai Ruan, Sungai Chalit and Sungai Klau, measuring about 2,167ha.

Of the total, 110 filed the application on Aug 28, last year and the rest on Sept 9.

They named six respondents, namely, the Raub district land administrator, Pahang forestry director, state authorities, Pahang state government, Pahang State Agricultural Development Corp (PKPP) and Royal Durian Resources PKPP Sdn Bhd, all of whom were represented by senior federal counsel, Noor Fadzilla Ishak and Farahah Mohd Nazari.