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Temuans fail in bid to obtain injunction PDF Print E-mail
Wednesday, 15 February 2012 01:52pm
©The New Straits Times (Used by permission)

SHAH ALAM: The Temuan tribe of Mukim Tanjung Duabelas failed to obtain an injunction against the Selangor government and two others to stop sand-mining, land transactions and other activities on what they claimed as their ancestral land.

High Court Judge Datuk Lim Yee Lan dismissed the application with cost in chambers yesterday.

Counsel Serene Tan, who  represented the Orang Asli, said the judge was of the view that there were serious issues of the law to be considered and said they had no standing in the case.

Village head Malam ak Gerchang, 67, and his sons Dewi Malam, 51, and Jafrin Malam, 40, named the state government, the Kuala Langat district and land office and Kumpulan Semesta Sdn Bhd as defendants.

Malam and his sons also acted  as plaintiffs to represent some 4,000 of their tribesmen.

They filed the injunction pending a hearing  against the defendants last year to determine whether the 7,244ha of forest reserve in Mukim Tanjung Duabelas, Kuala Langat, was an Orang Asli ancestral land.

They claimed that the government had gazetted Mukim Tanjung Duabelas as "Kuala Langat North Forest Reserve" since 1927.

The gazette also stated that the Orang Asli had rights over the land for agriculture and to carry out their daily activities.

They said their ancestors began residing in the area  200 years ago and that the tribe had "special privileges" over the land.

The plaintiffs alleged that the defendants had taken over part of the land for sand-mining activities, causing them to suffer "unaccountable losses".

They further claimed that their future had become bleak as the food chain had been destroyed.

They are seeking  an order to declare that Mukim Tanjung Duabelas belong to the Temuan Orang Asli and no commercial activities can be carried out on the land.

That  matter will be heard in a trial to be held from July 11 to 13.
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