Raub durian farmers allowed to have merits of their eviction challenge be heard in court

PUTRAJAYA (Sept 8): Some 200 Raub Musang King durian farmers have today obtained leave from court to have the merits of their judicial review application against the Pahang government to quash its eviction order against them be heard.

This follows the unanimous decision by a three-member Court of Appeal bench led by Justice Datuk Mohamad Zabidin Md Diah, to allow the appeal by the durian farmers, who were alleged to have illegally occupied the land since the 1960s, against the decision by the Kuantan High Court on Dec 23 last year that dismissed their judicial review application.

The other two members of the bench were Datuk S Nantha Balan and Datuk Daryl Goon Siew Chye.

Justice Zabidin said it is without doubt that a notice had been issued by the first respondent — the Raub District Land Office — to the farmers to vacate the land under Section 32 of the National Land Code.

“If it is implemented, it will cause the applicants to vacate and lose their livelihood in durian farming. They have applied for a licence from the state of Pahang since or around 1961, but there has not been any response.

“There is no rebuttal to this (licence application). The state authorities said the applicants are considered to be squatters or trespassers on the affected land. In any event, the respondents' allegations are questionable and should be decided substantively in the judicial review application. It (the application) cannot be said to be vexatious,” he said.

As such, Justice Zabidin further said this appellate court was allowing the appeal, adding the stay order against the authorities that was made by this court last February would be enforced until the disposal of the case.

The judge also directed that the case be mentioned at the Kuantan High Court on Sept 22. The respondents were also ordered to pay a total cost of RM20,000 to the applicants.

The durian farmers' counsel Brendan Navin Siva applied to the court for the case to be heard by another High Court judge, but Justice Zabidin told the lawyer to take it up at the High Court.

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