Tuesday, 9 August 2022

FARMERS WIN RIGHT TO CHALLENGE EVICTION NOTICE - IPOH PERAK

FARMERS WIN RIGHT TO CHALLENGE EVICTION NOTICE - IPOH PERAK

@Jackie San
 

PETALING JAYA, SELANGOR:A High Court in Ipoh Perak has given three farmers leave to commence judicial review proceedings against the Perak government for issuing notices to them to vacate the land they had been farming in Tanah Hitam.


Judicial commissioner Bhupindar Singh will now proceed to hear the farmer's complaints as there is no objection from the attorney-general (AG).

 

Federal cousel Fauzi Md Yusof appeared for the AG.

 

The applicants have also named the Kinta district officer and the state director of the lands and mines department as respondents.

 

Chong Kam Meng, Chok Ying and Wan Kok Leong filed the action in May 2022 for themselves and on behalf of eight (8) others.

 

Their lawyer Rabinder Singh said the applicants want an order to quash the notices issued by the Kinta land officer under Section 425 of the National Land Code.

 

They are also seeking a declaration that the respondents, in particular the state government, had breached their legitimate expectations and the duty to act fairly.

 

The applications are also claiming a mandamus order against the government to fulfill their legitimate expectations.

 

In the judicial review application, they alleged that they had been farming on their respective plots of land in Tanah Hitam in Chemor (near Ipoh) for many years without any interference from the government.

 

They also alleged that they had also contributed to the agricultural produce in Perak.

 

The applicants claimed the state authorities had repeatedly made unequivocal representations and gave them assurances that they would be given suitable alternative land should the state decide to take over the land where they had been farming.

 

They said in early March 2022, the Kinta land officer issued notices to them to vacate their land or face prosecution.

 

Bhupinder fixed August 26, 2022 for case management.

 

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@ Jackie San



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