Orang Asli Seeking Court Ruling on Customary Rights to Land in Kg Pos Lanai
Published: Monday, 10 April 2023
TEMERLOH: A total of 147 Orang Asli from the Semai tribe are seeking a court declaration that they are the holders of customary rights to the land in Kampung Pos Lanai, Kuala Lipis, near here.
In the suit filed in August 2021, they named the Pahang government, the state Land and Mines director, the state Forestry Director, the director-general of the Malaysian Orang Asli Development Department (Jakoa and the Malaysian government as the defendants.
The case came up for hearing on Monday (April 10) before Judicial Commissioner Roslan Mat Nor.
In the statement of claim, the plaintiffs are seeking the court to compel the Pahang government to gazette a 14,418ha site in Mukim Ulu Jelai and the Ulu Jelai Forest Reserve as a reserve under the Orang Asli Act 1954.
They are also seeking a court declaration that the defendants have no right to reduce or destroy the plaintiffs' rights to the land or carry out activities that may affect the land.
The plaintiffs, represented by lawyer Harneshpal Singh Bhullar, claimed that they were residents of the land which they inherited from their ancestors.
They also claimed several incidents of encroachment on the land since 2013, including for the proposed construction of hydroelectric dams, logging and a study on rare earth mining, which caused damage to the land, as well as inconveniencing them.
The construction of the dam was, however, cancelled in October 2018.
As such, the plaintiffs are seeking a declaration that all steps or omissions by the defendant in relation to the construction of the dam, logging approval and the study of the proposed rare earth mining, are against the law, invalid and void. – Bernama
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