By Simon Peter
KUCHING, Aug 11, 2014:
After battling for about seven years to get their native customary rights (NCR)
land back, the villagers from three Iban kampungs have won their case in the
High Court here today.
Picture: See Chee How, Joshua Baru and Desmond Kho (all spotting with dark suites) with the villagers on the steps of the Kuching High Court complex, after the judge has delivered his decision.
The villagers, represented
by Nikodemus anak Singai from Kampung Spaoh, Gubil anak Padat from Kampung
Menat Ulu and Sangat anak Lasa from Kampung Menat Ili, filed the court case against
the defendants for encroaching into their NCR land of about 8,118.8ha in
Gedong, Simunjan.
The defendants were Sibu
Slipway Sdn Bhd, Lambang Sinar Mas Sdn Bhd, Indranika Jaya Sdn Bhd,
Superintendant of Lands and Surveys of Samarahan Division, Director of Forests
and Sarawak Government.
Director of Forest was
sued for issuing Forest Licence No. 8393 to Sibu Slipway while Lands and
Surveys was sued for issuing Provisional Leases Lot No. 1230 and Lot No. 1590
to Lambang Sinar Mas and Lot No. 01229 to Indranika Jaya.
However, Sibu Slipway,
Lambang Sinar and Indranika Jaya decided not to proceed against the villagers'
claims and had applied to be struck out, which the court granted.
High Court judge, Lee Heng
Chong, in delivering his decision, has granted declaratory order that the
villagers have acquired customary rights over the NCR land claimed in their
statement of claim filed in 2007.
The court also declared
that the issuance of the Forest Licence and provisional land leases as far as
they cover the NCR land are null and void.
The judge ordered costs of
RM50,000 to be paid by Superintendent of Lands and Surveys, Director of Forest and State government to the plaintiffs.
Representing the
Plaintiffs are See Chee How and Desmond Kho of Baru Bian Advocates and
Solicitors while the three are defended by State Legal Officers Nur Azhar Bujang and Rima Ellani Farizuani Kalana.
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