High Court To Rule On 4 200ha Ncr Rights Case In Tg Manis Sarawak

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The High Court in Sibu, Sarawak, is on Oct 21 set to rule on a legal battle involving five plots of native customary rights land totalling about 4,200 hectares in Tanjung Manis, Mukah.
The land in dispute is located around Sungai Sebayang in Tusok, Tanjung Manis, which is located north of Sibu.
Six villagers representing a total of 173 claimants filed the case to seek a declaration of the land title and their native customary land rights last year.
This came after provisional land leases were granted to a state-owned company in 2017 and 2018.
A lawyer acting for the villagers, Abdul Raafidin Majidi, told Malaysiakini that the case was filed in September 2019, and the decision will be delivered at the end of this month.
"The verdict from High Court in Sibu will be delivered on Oct 21," Raafidin said when contacted.
According to a court document dated Sept 10, 2019, sighted by Malaysiakini, five tracts of land were granted to Pusaka Capital Sdn Bhd by the Sarawak Land and Survey Department on April 17, 2017, and on May 28, 2018.
Pusaka Capital Sdn Bhd is wholly owned by Sarawak Timber Industry Development Corporation (STIDC) and has been entrusted to spearhead the development of Tanjung Manis.
Ibans occupied the land from 1875

The plaintiffs are claiming that they hold the native customary land rights over the land that involves four villages - Kampung Sebayang, Kampung Tusok, Kampung Semalau and Kampung Skumong.
The villagers claimed that the historical background of occupation of the land by Iban native communities could be traced to as far back as 1875.
The plaintiffs also claimed that they and their ancestors planted fruit trees and have often used the river as a means of transportation for generations. Therefore, their right to the land should be recognised under the Sarawak Land Code Chapter 81, which governs the land rights of indigenous peoples.

Pusaka Capital was named as the first defendant, while the superintendent of Land and Surveys Mukah Division, the director of Land and Surveys Sarawak and the Sarawak state government have been named as the second, third and fourth defendants, respectively.
The company ordered the villagers to clear the land by Sept 9, 2020, after it was granted an injunction court order in a separate suit on Oct 9, 2019.
The villagers filed the latest lawsuit in response.
The villagers are being evicted to make way for the Tanjung Manis Economic Growth Area (T-Mega) project, which was formerly known as Tanjung Manis Halal Hub.
The project was launched in 2009 by the Sarawak state government.
Besides seeking the court declaration on the native customary land rights of the plaintiffs, the villagers are also seeking a declaration that the land lease to Pusaka Capital is unlawful and therefore should be declared null and void.
They also requested a court order for Pusaka Capital to cease its operations on the land.
The villagers are also seeking damages, exemplary damages and/or aggravated damages from the defendants. - Mkini

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