Raub Durian Farmers Withdraw Appeal In Land Eviction Case

PUTRAJAYA, Dec 4 (Bernama) — The legal battle between durian farmers in Raub, the Pahang government, and several state agencies over eviction notices concluded today with the farmers withdrawing their appeals.

A Court of Appeal three-man bench led by Justice Datuk Lim Chong Fong struck out the appeals when counsel Brendan Navin Siva, representing the farmers, told the court that his clients would not be proceeding with the appeal.

Justices Datuk Seri Mohd Firuz Jaffril and Datuk Ismail Brahim also sat on the bench.

Brendan told the court that some of the respondents, including the Pahang government and state agency Perbadanan Kemajuan Pertanian Pahang (PKPP), were seeking costs. 

Pahang state assistant legal adviser Abdul Hafiz Razat told the court that the state government was claiming costs for work related to the appeal.

Lawyer Mohd Fairuz Abdullah, representing PKPP, said that the agency was also seeking costs as they have studied the records of appeal.

Justice Fong then awarded RM8,000 in legal costs to the Raub District Land Administrator, Pahang Forestry director, state authorities, Pahang government and PKPP. 

The Royal Pahang Durian Resources PKPP Sdn Bhd did not seek costs.

Last year, the Kuantan High Court dismissed the farmers’ judicial review application to challenge the notices for them to evict their farms,  which included in Sungai Ruan, Sungai Chalit and Sungai Klau and Tranum.

The High Court judge Datuk Seri Mohd Radzi Harun ruled that the decision by respondents to issue eviction notices was in compliance with the requirement of the law and was not tainted with illegality, irrationality or mala fide.

The High Court had awarded RM200,000 costs to the Raub District Land Administrator, the Pahang Forestry director, state authorities, and the Pahang government, as well as RM200,000 costs each to PKPP and Royal Pahang Durian Resources.

The farmers filed the judicial review seeking a certiorari order to quash the notices of eviction issued by the Raub District Land Administrator, the Pahang Forestry director and Perbadanan Kemajuan Pertanian Pahang.

They also sought a mandamus order to compel the Raub District Land Administrator and the Pahang Forestry director to grant leases of the affected lands to the farmers or their nominees.

They named the Raub District Land Administrator, Pahang Forestry director, state authorities, Pahang state government, PKPP and the Royal Pahang Durian Resources as respondents.

In today’s proceeding, counsel Mohd Irwan Ismail represented Royal Pahang Durian Resources, while counsel Abdul Hafiz and Rozanna Abd Hadi represented the Raub District Land Administrator, Pahang Forestry director, state authorities and Pahang state government. 

-- BERNAMA