With out of court settlement, Bengoh Dam is ready for impoundment

KUCHNG, Dec 18, 2014: The dispute between two Bidayuh villages affected by the Bengoh Dam and the government has been settled out of court following a consent order granted by High Court judge Rodzariah Bujang this morning.

The two villages, represented by Simo anak Sekam,Tasek anak Ayau, Eddie anak Aheng, Bodui anak Dayu, Bungai anak Bengem and Sirus anak Jon, took representative actions against Bengoh Dam contractor Naim Cendera Sdn Bhd, Supt of Lands and Surveys of Kuching Division, State Government and Federal Government, claiming that their native customary rights land of about 2592ha have been encroached upon.

They also took the legal action on behalf of 25 other families of Kampung Bojong and Kampung Rejoi of Upper Bengoh, Padawan.

Under the consent order, a sum of RM2.14 million as payment of  compensation to the affected families as a result of the extinguishment of their customary rights over their lands and is deposited with the court, may be withdrawn by the persons entitled to it.

A total of 54 persons from the families are entitled to claim the money.

The Supt of Lands and Surveys and the State Government acknowledge and recognise that the plaintiffs and the affected residents as well as the residents of Kampung Taba Sait and Kampung Semban, have customary rights over the disputed lands.

There are 204 families from these four villages.

The second and third defendants, upon formal applications by the plaintiffs or residents to the state director of Lands and Surveys, undertake to carry out perimeter survey to identify the boundaries of their NCR lands.

The second and third defendants are to bear the costs and expense of the perimeter survey.

Until the completion of the survey, the NCR lands shall be declared as native communal reserves and for agriculture purposes for the benefits of 204 families of the four villages.

In exchange, the plaintiffs and the residents shall not occupy that lands as the customary rights over such lands have been extinguished in 2007 for the construction of the Bengoh Dam.

However, Kampung Taba Sait and Kampung Pain Bojong will have the privileges to occupy over an area described as Bungo Range National Park.

The court ordered that each party is to bear its own costs of this action.

The plaintiffs are represented by See Chee How of Baru Bian Advocates while McWilly Jok, a State Legal Officer, represented the Supt of Lands and Surveys of Kuching Division and the State Government.

With the out of court settlement, the Bengoh Dam will be ready for impoundment after about two years of delay as the villagers have refused to move out of their kampungs.

The four villages will be submerged as they are inside the dam's reservoir area.

The dam, which was completed in 2010,  is to supply raw water for the Batu Kitang plant which supplies treated water for Kuching and Samarahan homes.

The villagers brought their case to the court in 2009 after accusing the government of encroaching into their lands.