The Ipoh High Court on Thursday allowed developer Memori Salju Sdn Bhd to proceed with the eviction of 16 families from their farms which they have tilled for 80 years in Chemor, Perak.

According to the farmers' counsel G Balasunderam, High Court judge Hamid Embong Mahkam made the ruling after finding that the farmers, who are from Kampung Tanah Hitam - about 15km north of Ipoh - had no case in law.

The judge was of the opinion that on-going negotiations between the parties involved was not a relevant legal issue, he said.

On Wednesday, Balasunderam had filed an application at the High Court for a stay of proceedings until all negotiations are completed.

The farmers had claimed that the developer has acted prematurely by bringing the matter to court while negotiations between them (the farmers and developer) and Perak Menteri Besar Tajol Rosli were ongoing.

When the case was mentioned on Dec 7 last year, the farmers were unrepresented and Hamid had ordered them to find a lawyer or choose one of the several options offered to them by the state government.

According to K Kunasegaran, coordinator for the Perak Farmers and Breeder Coalition (Gapetak), Tajol had assured the farmers, who do not have ownership of the land, that the state government would help them obtain alternative land if they agreed to vacate their farms to Memori Salju.

He said the developer, through its counsel, had then given the farmers a notice that it was willing to offer the farmers a replacement land package.

Sudden move

During a meeting with Tajol, who is also the state land committee chairman, on Oct 18 last year, the developer agreed to offer the farmers 16 acres of land near their original farming area in Tanah Hitam.

The affected farmers then chose the first option offered by the state government that the latter take over the land from Memori Salju and be issued a temporary occupational license.

After adding several other points, the farmers informed Tajol about their choice on Oct 24, following which the menteri besar directed the Perak state land and minerals department to study the matter.

Kunasegaran claimed that while the farmers were waiting for a response from the department, the developer suddenly brought the matter to court in November.

He said that the farmers have since been trying in vain to urge Tajol to resolve their plight but have yet to receive any response from the menteri besar.

"The Tanah Hitam farmers are not ready to let go of their land which they have cultivated since 1920s. They have instructed their lawyers to file a notice of appeal against the High Court's ruling," said Kunasegaran.