KUANTAN, April 25 – The High Court on Wednesday dismissed a judicial review application by Musang King durian planters around Raub to challenge the Pahang Government’s decision to issue eviction notices against them.
Pahang State Legal Adviser Datuk Saiful Edris Zainuddin said that Judge Datuk Mohd Radzi Harun ruled that the 186 planters involved had no legal right to be on the land in question.
He said the court also confirmed their status as squatters and that the state government’s action to evict them was not malicious.
“In fact, the legalisation plan offered also has no element of bias and can still be negotiated with the parties involved,” he told reporters at the grounds of the Kuantan Court Complex.
The court also ordered the planters to pay costs amounting to RM600,000 to all respondents.
In August 2020, the Musang King durian farmers filed the application to obtain permission for a judicial review against a state government order for them to vacate their farms in various areas in Raub, including in Sungai Ruan, Sungai Chalit, Sungai Klau, measuring about 2,167 hectares.
They named Raub District Land Administrator, Pahang Forestry director, state authorities, Pahang state government, Pahang State Agricultural Development Corporation (PKPP) and Royal Pahang Durian Resources PKPP Sdn Bhd as respondents.
The application was dismissed by the Kuantan High Court in December 2020, which prompted them to appeal to the Court of Appeal.
In 2021, the Court of Appeal allowed their application to stay the land eviction notice issued to them to vacate the plantations pending the hearing of the judicial review leave application.
Apart from the judicial review on the land eviction notice under the National Land Code 1965 and the National Forestry Act 1984, the applicants also want to obtain a judicial review on the decision of the state government which allegedly gave lease and farmland use rights to about 2,167 hectares (5,357 acres) to Royal Pahang Durian Resources PKPP Sdn Bhd.
The applicants also want a review on the decision to sub-lease the land involved to them and the mandatory requirement to sell durians to a single entity nominated by Royal Pahang Durian Resources PKPP Sdn Bhd.
