Durian farmers granted stay against eviction pending appeal disposal

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.

Today'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 that there was no date yet fixed for the appeal hearing. Lawyers Brendan Navin Siva, Chua Pei Nee and Lim Pit Feng also represented the farmers.

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 Chalitb and Sungai Klau, measuring about 2,167 hectares.

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 Corporation (PKPP) and Royal Durian Resources PKPP Sdn Bhd, all of whom were represented by senior federal counsel, Noor Fadzilla Ishak and Farahah Mohd Nazari.

Apart from the order to vacate the land under the National Land Code 1965 and National Forestry Act 1984, the applicants also want to obtain a judicial review of the decision by the state government which allegedly gave lease and farmland use rights to about 2,167 hectares to Royal Pahang Durian Resources PKPP Sdn Bhd.

The applicants also want a review of 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.