1. ) CHAM TIAN JUN 2. ) CHAN CHOO KEE 3. ) CHAN CHOON LOONG 4. ) CHAN FAH LOON 5. ) CHAN KOWNG CHENG 6. ) CHAN NGAN THAI 7. ) CHAN WAN HENG 8. ) CHEE TAI YEP 9. ) CHEN YENG KONG 10. ) CHEONG CHAU MENG 11. ) CHIANG HAN FEI 12. ) CHIANG HOI W

1. ) CHAM TIAN JUN 2. ) CHAN CHOO KEE 3. ) CHAN CHOON LOONG 4. ) CHAN FAH LOON 5. ) CHAN KOWNG CHENG 6. ) CHAN NGAN THAI 7. ) CHAN WAN HENG 8. ) CHEE TAI YEP 9. ) CHEN YENG KONG 10. ) CHEONG CHAU MENG 11. ) CHIANG HAN FEI 12. ) CHIANG HOI W

The court held that although the Court of Appeal had already found the applicants to be 'adversely affected' for leave, on substantive review the applicants failed to show illegality, irrationality, mala fides or procedural impropriety in the decisions to issue eviction notices or in the State's award of lease to R6 and the Land Legalisation Scheme; many applicants were squatters with no legal/equitable rights, the notices were lawful administrative actions under relevant statutes and the scheme was not tainted; therefore the judicial review applications were dismissed and reliefs denied.

Citation
CA-25-12-10/2020 (Mahkamah Tinggi)
Parties
Applicants: Various named individuals (111 in Suit 11; 94 in Suit 12); 1st Respondent: Pentadbir Tanah Daerah Raub; 2nd Respondent: Pengarah Perhutanan Negeri Pahang; 3rd Respondent: Pihak Berkuasa Negeri Pahang; 4th Respondent: Kerajaan Negeri Pahang; 5th Respondent: Perbadanan Kemajuan Pertanian Negeri Pahang; 6th Respondent: Royal Pahang Durian Resources PKPP Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 April 2024
Case Number
CA-25-12-10/2020 (Mahkamah Tinggi)
Procedural Posture
Judicial Review / Hearing and Final Judgment on Appeals From Dismissal of JR and Preliminary Objections
Outcome
Judicial review applications dismissed; challenges to eviction notices and to award/implementation of Land Legalisation Scheme denied
Legal Topics
Locus Standi (standing), Judicial Review, Legitimate Expectation, Eviction Notices, Statutory Appeal/exhaustion of Remedies, Preliminary Objections, Delegation of Power, Remedies (certiorari, Prohibition, Mandamus), State Land Lease Awards, Administrative Decision Making
Source Language
Malay/English
Administrative Law Land Law Forestry Law Constitutional Law Civil Procedure Public Law Locus Standi (standing) Judicial Review +8 more

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Parties

Various named individuals (111 in Suit 11; 94 in Suit 12)

Applicants

Pentadbir Tanah Daerah Raub

1st Respondent

Pengarah Perhutanan Negeri Pahang

2nd Respondent

Pihak Berkuasa Negeri Pahang

3rd Respondent

Kerajaan Negeri Pahang

4th Respondent

Perbadanan Kemajuan Pertanian Negeri Pahang

5th Respondent

Royal Pahang Durian Resources PKPP Sdn Bhd

6th Respondent

Procedural Posture

Judicial Review / Hearing and Final Judgment on Appeals From Dismissal of JR and Preliminary Objections

Legal Issues

  1. 1 Whether applicants had locus standi to bring JR
  2. 2 Whether applicants were squatters and thus had no legal or equitable rights
  3. 3 Whether impugned decisions (eviction notices and lease to R6) were amenable to judicial review or premature

Ratio Decidendi

The court held that although the Court of Appeal had already found the applicants to be 'adversely affected' for leave, on substantive review the applicants failed to show illegality, irrationality, mala fides or procedural impropriety in the decisions to issue eviction notices or in the State's award of lease to R6 and the Land Legalisation Scheme; many applicants were squatters with no legal/equitable rights, the notices were lawful administrative actions under relevant statutes and the scheme was not tainted; therefore the judicial review applications were dismissed and reliefs denied.

Court Disposition

Judicial review applications dismissed; challenges to eviction notices and to award/implementation of Land Legalisation Scheme denied

Orders

  • Judicial review applications in CA-25-11-08/2020 and CA-25-12-10/2020 dismissed
  • All orders prayed by the applicants denied