Injunction obtained against eviction from Bakun area
Tony ThienPublished: Jul 19, 2008 11:07 AM | Updated: Jul 19, 2008 11:13 AM
The Kayan community of Uma Apan have obtained an interim injunction to set aside an eviction order to vacate the land on which they have near the site of the Bakun dam.
The Kayan community of Uma Apan have obtained an interim injunction to set aside an eviction order to vacate the land on which they have near the site of the Bakun dam.
The ex-parte injunction was obtained late yesterday afternoon in the chambers of Bintulu High Court judge Sangau Gunting, pending hearing in three weeks.
The land and survey department had obtained the eviction order in October last year and had enforced it with the help of the police by demolishing houses and farms of the Kayan community.
The authorities have been served with the interim court order.
Counsel Paul Rajah who is representing 41 Kayan families told Malaysiakini that his clients had filed a writ of summons against the authorities in November last year, claiming native customary rights (NCR) over the land which they have settled on for more than century.
Contrary to claims by state land development minister Dr James Masing, no compensation had been forthcoming to the Kayan families, added Rajah.
Two other lawyers - See Chee How and Baru Bain - are acting for other affected villagers in the Bakun Dam area are also applying to set aside the eviction notice.
Compensation sought
See told Malaysiakini that the question of compensation for the number of houses and farms demolished would be raised in court and the villagers would seek compensation from the authorities.
Representatives from the Uma Juman village affected by demolition has lodged a police report on the matter and has sought police protection from further encroachment.
In total, five Orang Ulu settlements, including Uma Apan and Kampung Sambop, are affected by the eviction order.
It is learnt that they are occupying part of the land now required by the government for the construction of the overhead transmission cables for Bakun dam as well as part of the leased lands granted to two plantation companies - Shin Yang and Ekran Plantation.
Meanwhile, a few hundred natives, mainly from the ethnic Kayan and Kenyah tribes would be holding a special meeting today in Kampung Sambop to discuss issues relating to the eviction orders.
Their lawyers, including PKR state assemblyperson Dominique Ng, will be present.
The ex-parte injunction was obtained late yesterday afternoon in the chambers of Bintulu High Court judge Sangau Gunting, pending hearing in three weeks.
The land and survey department had obtained the eviction order in October last year and had enforced it with the help of the police by demolishing houses and farms of the Kayan community.
The authorities have been served with the interim court order.
Counsel Paul Rajah who is representing 41 Kayan families told Malaysiakini that his clients had filed a writ of summons against the authorities in November last year, claiming native customary rights (NCR) over the land which they have settled on for more than century.
Contrary to claims by state land development minister Dr James Masing, no compensation had been forthcoming to the Kayan families, added Rajah.
Two other lawyers - See Chee How and Baru Bain - are acting for other affected villagers in the Bakun Dam area are also applying to set aside the eviction notice.
Compensation sought
See told Malaysiakini that the question of compensation for the number of houses and farms demolished would be raised in court and the villagers would seek compensation from the authorities.
Representatives from the Uma Juman village affected by demolition has lodged a police report on the matter and has sought police protection from further encroachment.
In total, five Orang Ulu settlements, including Uma Apan and Kampung Sambop, are affected by the eviction order.
It is learnt that they are occupying part of the land now required by the government for the construction of the overhead transmission cables for Bakun dam as well as part of the leased lands granted to two plantation companies - Shin Yang and Ekran Plantation.
Meanwhile, a few hundred natives, mainly from the ethnic Kayan and Kenyah tribes would be holding a special meeting today in Kampung Sambop to discuss issues relating to the eviction orders.
Their lawyers, including PKR state assemblyperson Dominique Ng, will be present.
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