Court declares natives rightful owners of disputed land

0

KUCHING: The High Court yesterday ruled in favour of the people of Kampung Sungai Merah, Pantu in Sri Aman who claimed Native Customary Right (NCR) ownership of the land in their area which had been alienated to two timber companies.

The plaintiffs, Martin Lindang, Biju Nyelang and Buang took up the case on behalf of themselves and all other proprietors, occupiers, holders and claimants of the NCR land.

They were suing Standard Points Sdn Bhd, Roundtree Timber Sdn Bhd, Director of Forest Sarawak, Superintendant of Land and Surveys Sri Aman and also the State government, as the first, second, third, fourth and fifth defendants respectively.

Justice Sanggau Gunting granted a prohibitory injunction against the first and second defendants restraining them from trespassing, entering, clearing, felling or occupying the said land.

The forest timber licences issued to the companies was also declared void and null, by Sanggau in the consent judgment entered in terms of the draft yesterday.

The fourth and fifth defendant are to take recognition of the NCR land to enter and record in their registry such right and land title to be issued in accordance with the provision of the Land Code (Capter 81) Sarawak.

Standard Points and Roundtree Timber were also ordered to pay cost of RM20,000 to the plaintiffs within one month from yesterday.

In the statement of claim filed in 2007, the plaintiffs who are all Ibans and natives of Sarawak, claimed NCR over the said land as the descendants of the pioneering settlers in the area.

In March 2006, the plaintiffs found out that the first defendant had trespassed the land to extract timber destroying their farms which was their source of livelihood, causing extensive damages and soil erosion on the said land.

The plaintiffs also claimed that the first defendant and second defendant had no licence to extract or harvest timber they sought all the declarations which were granted by the High Court.

The plaintiffs’ counsel See Chee How praised them for their perserverance throughout the proceedings.

Counsel Ester Wong Chi Hua acted for the first and second defendants and State Legal Officer Zainudin Hussaini appeared for the third and fourth defendant.

End …

KUCHING: The High Court yesterday ruled in favour of the people of Kampung Sungai Merah, Pantu in Sri Aman who claimed Native Customary Right (NCR) ownership of the land in their area which had been alienated to two timber companies.

The plaintiffs, Martin Lindang, Biju Nyelang and Buang took up the case on behalf of themselves and all other proprietors, occupiers, holders and claimants of the NCR land.

They were suing Standard Points Sdn Bhd, Roundtree Timber Sdn Bhd, Director of Forest Sarawak, Superintendant of Land and Surveys Sri Aman and also the State government, as the first, second, third, fourth and fifth defendants respectively.

Justice Sanggau Gunting granted a prohibitory injunction against the first and second defendants restraining them from trespassing, entering, clearing, felling or occupying the said land.

The forest timber licences issued to the companies was also declared void and null by Sanggau in the consent judgment entered in terms of the draft yesterday.

The fourth and fifth defendant are to take recognition of the NCR land to enter and record in their registry such right and land title to be issued in accordance with the provision of the Land Code (Capter 81) Sarawak.

Standard Points and Roundtree Timber were also ordered to pay cost of RM20,000 to the plaintiffs within one month from yesterday.

In the statement of claim filed in 2007, the plaintiffs who are all Ibans and natives of Sarawak, claimed NCR over the said land as the descendants of the pioneering settlers in the area.

In March 2006, the plaintiffs found out that the first defendant had trespassed the land to extract timber destroying their farms which was their source of livelihood, causing extensive damages and soil erosion on the said land.

The plaintiffs also claimed that the first defendant and second defendant had no licence to extract or harvest timber they sought all the declarations which were granted by the High Court.

The plaintiffs’ counsel See Chee How praised them for their perserverance throughout the proceedings.

Counsel Ester Wong Chi Hua acted for the first and second defendants and State Legal Officer Zainudin Hussaini appeared for the third and fourth defendant.