PUTRAJAYA: Durian farmers in Raub have withdrawn their appeal in the legal battle with the Pahang government and several state agencies over eviction notices.
A Court of Appeal three-member bench led by Justice Datuk Lim Chong Fong struck out the appeal when counsel Brendan Navin Siva, representing the farmers, told the court on Thursday (Dec 4) that his clients would not be proceeding with it.
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.
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 in Sungai Ruan, Sungai Chalit and Sungai Klau, and Tranum.
High Court judge Justice 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 land administrator, forestry director and PKPP.
They also sought a mandamus order to compel the land administrator and forestry director to grant leases of the affected lands to the farmers or their nominees.
They named the land administrator, forestry director, state authorities, Pahang state government, PKPP and the Royal Pahang Durian Resources as respondents. – Bernama
