Hornbill Unleashed

August 14, 2014

Sarawak villagers regain NCR land after seven-year battle

Filed under: Politics — Hornbill Unleashed @ 8:00 AM
Tags: , , ,

Dukau Papau

It took the residents of Kampung Spaoh, Gedong, Kampung Menat Ili, and Kampung Menat Ulu, Gedong in Sarawak seven years to win the return of 5010 acres of native customary rights (NCR) land after a long and expensive court battle against the state government.

They spent sleepless nights worrying that their NCR land might have been lost forever after the government leased it to three companies.

“But now, they can rest as the High Court yesterday declared that they have native customary rights over the land,” said their lawyer See Chee How (centre in photo).

However, that is the first hurdle crossed as the government may appeal against the decision.

The case was heard before High Court judge Lee Heng Chiong, who granted a declaratory order that the landowners have acquired native customary rights over the land indicated in their statement of claim filed in 2007.

The judge also declared that the issuance of the forest licence and provisional land leases on the said NCR land null and void.

He also ordered costs of RM50,000 to be paid by the Land and Survey Department, the forest department and the state government.

Land encroached

In 2007 the plaintiffs found out that their land which they regarded as NCR land were encroached by Sibu Slipway Sdn Bhd, Lambang Sinar Sdn Bhd and Indranika Jaya Sdn Bhd and sued the companies as first, second and third defendants.

The director of land and survey department, the director of forest department and the state government were named as fourth, fifth and sixth defendants.

The director of land and survey department was sued for approving the provisional lease to Lambang Sinar Sdn Bhd and Indranika Jaya Sdn Bhd, while the director of forest was sued for the logging licence given to Sibu Slipway Sdn Bhd.

The State government was named the sixth defendant.

However, as the case proceeded, the three companies applied themselves to be stuck out as parties to this action and their application was allowed.

The plaintiffs claimed damages and compensation.

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2 Comments »

  1. There will be more such decisions by the courts but will the bn state gov’t recognise and adhere to the court decission is another matter. The bn state gov’t has disregarded all previous dicisions and is still giving out logging and oil palms plantations leases on lands claimed by us natives.

    Comment by brian — August 14, 2014 @ 3:52 PM | Reply

    • Their nightmare hasn’t over yet, Brian! Remember that a nearby village, Kpg Lebor now lost their case in the Federal Court to TH Pelita Gedong & TH Pelita Sadong! Just to remind those whose court cases are still pending, the precedent is very clear!

      Comment by Ustaz — March 18, 2015 @ 1:12 PM | Reply


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